The principal source is the Liechtenstein Trademark Protection Act (MSchG), which governs establishment, scope, limitations, modification and enforcement of trademark rights; it also incorporates Directive (EU) 2015/2436 into Liechtenstein’s EEA‑aligned law.
Rights arise upon registration: “A trademark right is established on entry in the register” (Art. 5 MSchG). Use is not required to obtain the initial registration; however, genuine use is needed to maintain rights (non‑use for five years exposes the mark to revocation).
The MSchG sets out the registration system (applications, examination, publication, register/records, remedies, and international registrations under Madrid). See especially Arts. 1b–3 and 29–44; Art. 33 provides for appeals from Office decisions.
Any sign capable of distinguishing goods/services and being clearly representable in the register—words (including personal names), designs, letters, numerals, colors, the shape/presentation/packaging of goods, sounds, or combinations thereof (no graphic‑representation requirement if the representation is clear, precise, durable and objective).
It must distinguish the commercial origin of goods/services and be representable such that authorities and the public can determine the subject matter of protection (Art. 1b); it must also be distinctive and avoid absolute/relative bars.
Absolute bars include: non‑trademark signs; lack of distinctiveness; descriptive or customary terms; shapes/characteristics resulting from the nature of goods, necessary to obtain a technical result, or giving substantial value; public policy/morality problems; deceptiveness; conflicts with protected GIs/DOs, traditional terms for wine, TSGs, plant variety denominations; and bad‑faith filings (Art. 2). Relative bars include conflicts with earlier marks (including reputed marks) and earlier protected indications (Art. 3).
The Office of Economic Affairs (Amt für Volkswirtschaft)—specifically the IP section—maintains the Online Trademark & Design Register and administers filings, publications and recordals.
Statutory fees are set in the Ordinance on Fees under the Trademark Protection Act (232.111.1). Key amounts (CHF):
- Filing (“Hinterlegungsgebühr”): CHF 400 (includes up to 3 classes). Each additional class: CHF 50.
- Renewal: CHF 400 (up to 3 classes) + CHF 50 each additional class; late renewal surcharge also provided.
- Recordals (assignment/license/change of name/agent), extracts/searches, division, conversion from IR, etc., have fixed fees (see Annex of the fee ordinance). No separate grant/issuance fee is stipulated in the ordinance.
- Opposition, revocation and invalidity: fees exist under the amended fee ordinance (effective 1 Jan 2023) alongside the new administrative procedures; consult the current ordinance version for the exact amounts.
Yes. The Act references the Nice Agreement and clarifies that class numbers do not determine similarity of goods/services (Art. 3(3) MSchG).
Applicants must provide a clear, precise identification of goods/services sufficient for the register to define the scope of protection; class headings alone are not determinative of scope/similarity (Art. 1b and 3(3) MSchG; practice guidance confirms explicit listings).
No declaration of intention to use is required to file; however, non‑use for five consecutive years after the opposition phase exposes the registration to revocation.
No prior‑rights search is conducted ex officio; relative conflicts are addressed via opposition after publication/registration. (Practice note and official opposition mechanism).
The Office examines formalities and absolute grounds (e.g., distinctiveness, descriptiveness, public order/morality, deceptiveness, functionality) under Art. 2 MSchG.
Yes—public policy/morality, misleading signs, GIs/DOs, traditional wine terms, TSGs, plant variety denominations, and bad‑faith filings are explicit absolute bars (Art. 2).
No. The MSchG provides a single register; descriptive signs can only register upon acquired distinctiveness (Art. 2(2))—there is no supplemental register.
There is no formal pre‑publication protest mechanism described by the Office; third parties act through opposition (post‑publication/registration) or later revocation/invalidity proceedings.
No. Registration is granted without proof of use; use (including in the EEA or Switzerland) is required to maintain the right and withstand non‑use challenges (Arts. 5, 11, 12b).
Practice estimate: around one month for a first examination communication in straightforward cases (practitioner report).
Practice estimate: approximately 3–4 months from filing to registration/publication if unproblematic (practitioner guide).
Yes. The MSchG provides for appeal (Beschwerde) against Office decisions (Art. 33 “Remedies/Appeal”).
Appeals are lodged under Art. 33 MSchG and then proceed through Liechtenstein’s ordinary courts according to the general hierarchy for judicial review.
Yes—Liechtenstein’s three‑tier system allows review by the Court of Appeal and then the Supreme Court, with possible constitutional review before the Constitutional Court on fundamental‑rights grounds.
Yes—opposition is available following publication of the registration.
The owner of an earlier right (e.g., earlier trademark, reputed mark, protected GI/DO) can oppose on relative grounds specified in Art. 31a MSchG (as referenced by the Office’s opposition page).
An opposition must be filed within 3 months of publication, together with payment of the opposition fee.
The Office of Economic Affairs conducts the opposition proceedings and issues the decision.
File a written opposition stating grounds; the Office notifies the proprietor and invites observations; the proprietor may raise a non‑use plea (proof of use request) against the opponent’s earlier mark; the Office may grant a cooling‑off period upon joint request; the Office then decides to cancel the registration in whole/part or reject the opposition, and may award costs.
Yes—appeal is available under Art. 33 MSchG against Office decisions, following the ordinary judicial hierarchy.
Well‑known marks enjoy protection as earlier rights (Paris Art. 6bis) under Art. 3(2)(b) MSchG; in addition, unfair competition law (UWG) can protect trade signs against passing off and misleading practices.
A registration confers the exclusive right to use and to prevent unauthorized use of identical/similar signs for identical/similar goods/services where confusion is likely; reputed marks receive anti‑dilution protection even for dissimilar goods/services (Art. 13(2)–(3)). EEA exhaustion applies with specified exceptions (Art. 13(5)–(7)).
Not applicable—no supplemental register exists; standard registration rights apply only where the mark meets distinctiveness criteria (or has acquired distinctiveness).
Injunctions and damages, plus prohibitions against affixing/marketing/import/export/transit, use in company names, business papers/advertising, and unlawful comparative advertising (Art. 13(3)–(4)); broader civil/criminal/customs measures are provided in the “Legal Protection” title of the MSchG.
For reputed marks, the proprietor may prevent use that takes unfair advantage of or is detrimental to the distinctive character or repute—even for dissimilar goods/services (Art. 13(2)).
Yes—claims under unfair competition law (UWG) are available (e.g., passing off, misleading practices), and customs measures against import/export/transit are foreseen in the MSchG’s legal‑protection title.
Liechtenstein is not divided into cantons. Civil trademark actions are filed with the Princely District Court in Vaduz, proceeding through the ordinary three‑instance system (District Court → Court of Appeal → Supreme Court). Interim measures are available under civil procedure.
- Non‑use defense (if the mark has been registered for ≥5 years): the proprietor must prove genuine use (Art. 12a).
- No likelihood of confusion / descriptive use / own‑name style arguments consistent with EU‑aligned principles under Art. 13.
- Exhaustion (EEA exhaustion, legitimate reasons exception) (Art. 13(5)–(7)).
- Due cause (descriptive use, parody, etc.) against reputed‑mark claims (Art. 13(2)).
Appeals proceed from the District Court to the Court of Appeal and then to the Supreme Court; constitutional complaints may follow in limited circumstances.
10 years from the filing date, renewable indefinitely in 10‑year periods (Art. 10(1)–(2a)–(3)).
A renewal request and payment of renewal/class fees (no use declaration/specimens at renewal). Late renewal within 6 months is possible with surcharge (Art. 10; fees per ordinance).
- Revocation: 5‑year non‑use; becoming generic (genericide); misleading use (Art. 12b).
- Invalidity: if registered contrary to absolute/relative grounds (Arts. 2–3; administrative or judicial).
The Office cancels/limits a registration as an outcome of opposition or administrative revocation/invalidity proceedings introduced in 2023; there is no general ex officio purge beyond statutory procedures and register corrections.
Since 1 Jan 2023, administrative proceedings before the Office are available to request revocation (non‑use/becoming generic/misleading) or declaration of invalidity; judicial routes remain available as appropriate.
Appeal under Art. 33 MSchG, then judicial review through the ordinary courts.
The MSchG provides for licensing (Art. 19) and counts licensee use as use by the proprietor (Art. 11(3)). There is no US‑style “quality‑control” formality; however, if licensed use becomes misleading, revocation may follow (Art. 12b).
Recordal is available and advisable for opposability/notice, but the statute does not condition validity on recordal (see Art. 19 and register provisions).
Not as a formal matter; however, misleading use (including via licensee) can ground revocation, and unmanaged use risks the mark becoming generic (Art. 12b).
Well‑known foreign marks are protected as earlier rights (Paris 6bis) under Art. 3(2)(b) MSchG; unfair competition (UWG) may also provide remedies against misappropriation/passing off.
Yes. Liechtenstein participates in the Madrid System; international registrations designating Liechtenstein take effect per Arts. 41–44 MSchG, and conversion to a national application is possible.
