1 Legal framework
1.1 What is the statutory or other source of trademark rights?
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.
1.2 How do trademark rights arise (ie, through use or registration)?
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).
1.3 What is the statutory or other source of the trademark registration scheme?
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.
2 What constitutes a trademark?
2.1 What types of designations or other identifiers may serve as trademarks under the law?
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).
2.2 What are the requirements for a designation or other identifier to function as a trademark?
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.
2.3 What types of designations or other identifiers are ineligible to function as trademarks?
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).
3 Registration procedure
3.1 Which governing body (ie, trademark office) controls the registration process?
The Office of Economic Affairs (Amt für Volkswirtschaft)—specifically the IP section—maintains the Online Trademark & Design Register and administers filings, publications and recordals.
3.2 What fees does the trademark office charge for an application, during prosecution and for issuance of a registration?
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.
3.3 Does the trademark office use the Nice Classification scheme?
Yes. The Act references the Nice Agreement and clarifies that class numbers do not determine similarity of goods/services (Art. 3(3) MSchG).
3.4 Are 'class-wide' applications allowed, or must the applicant identify the specific goods or services for which the mark will be used?
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).
3.5 Must an applicant have a bona fide intention to use the trademark for the goods or services identified in the application in order to apply for registration?
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.
3.6 Does the trademark office perform relative examination of trademark applications (ie, searches for earlier conflicting marks)?
No prior‑rights search is conducted ex officio; relative conflicts are addressed via opposition after publication/registration. (Practice note and official opposition mechanism).
3.7 What types of examinations does the trademark office perform other than relative examination?
The Office examines formalities and absolute grounds (e.g., distinctiveness, descriptiveness, public order/morality, deceptiveness, functionality) under Art. 2 MSchG.
3.8 Apart from confusion with a senior mark, descriptiveness and genericness, are there other grounds under which a mark is ineligible for registration, such as public policy reasons?
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).
3.9 Is there a separate or supplemental register on which descriptive marks may be registered?
No. The MSchG provides a single register; descriptive signs can only register upon acquired distinctiveness (Art. 2(2))—there is no supplemental register.
3.10 Can a third party object to registration of a mark before the application has been published (eg, by letter of protest to the trademark office)?
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.
3.11 Must the applicant use the trademark commercially in order to obtain a registration?
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).
3.12 How much time does it typically take from filing an application to the first office action?
Practice estimate: around one month for a first examination communication in straightforward cases (practitioner report).
3.13 How much time does it typically take from filing an application to publication?
Practice estimate: approximately 3–4 months from filing to registration/publication if unproblematic (practitioner guide).
4 Appeals
4.1 If the trademark office refuses registration, can the applicant appeal? If so, to what body and by what procedure?
Yes. The MSchG provides for appeal (Beschwerde) against Office decisions (Art. 33 "Remedies/Appeal").
4.2 What is the procedure for appealing a trademark office refusal?
Appeals are lodged under Art. 33 MSchG and then proceed through Liechtenstein's ordinary courts according to the general hierarchy for judicial review.
4.3 Can the reviewing body's decision be appealed? If so, to what body and by what procedure?
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.
5 Oppositions
5.1 Can a third party oppose a trademark application?
Yes—opposition is available following publication of the registration.
5.2 Who has standing to oppose a trademark application?
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).
5.3 What is the timeframe for opposing a trademark application?
An opposition must be filed within 3 months of publication, together with payment of the opposition fee.
5.4 Which body hears oppositions?
The Office of Economic Affairs conducts the opposition proceedings and issues the decision.
5.5 What is the process by which an opposition proceeds?
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.
5.6 Can the decision on the opposition be appealed? If so, to what body and by what procedure?
Yes—appeal is available under Art. 33 MSchG against Office decisions, following the ordinary judicial hierarchy.
6 Rights of registered and unregistered marks
6.1 What, if any, protection is afforded to unregistered trademarks?
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.
6.2 What legal rights are conferred by a trademark registration?
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)).
6.3 If there is a separate register for descriptive marks, what legal rights are conferred by registration therein?
Not applicable—no supplemental register exists; standard registration rights apply only where the mark meets distinctiveness criteria (or has acquired distinctiveness).
7 Enforcement and remedies for trademark infringement
7.1 What remedies are available against trademark infringement?
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.
7.2 What remedies are available against trademark dilution?
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)).
7.3 Does the law recognise remedies against other harms to trademark rights besides infringement and dilution?
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.
7.4 What is the procedure for pursuing claims for trademark infringement?
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.
7.5 What typical defences are available to a defendant in trademark litigation?
- 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)).
7.6 What is the procedure for appealing a decision in trademark litigation?
Appeals proceed from the District Court to the Court of Appeal and then to the Supreme Court; constitutional complaints may follow in limited circumstances.
8 Maintenance and removal of registrations
8.1 What is the length of the initial term of registration and what is the length of renewal terms?
10 years from the filing date, renewable indefinitely in 10‑year periods (Art. 10(1)–(2a)–(3)).
8.2 What, if anything, must be submitted to the trademark office to maintain or renew a registration?
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).
8.3 What are the grounds for cancelling a trademark registration?
- 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).
8.4 Under what circumstances may the trademark office cancel a registration on its own initiative?
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.
8.5 What is the procedure by which a third party may seek cancellation of a trademark registration?
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.
8.6 What is the procedure for appealing a decision cancelling a registration?
Appeal under Art. 33 MSchG, then judicial review through the ordinary courts.
9 Licensing
9.1 Are there particular requirements, such as quality control by the licensor, for a trademark licence to be valid?
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).
9.2 Must trademark licences be recorded with the trademark office or other governing body?
Recordal is available and advisable for opposability/notice, but the statute does not condition validity on recordal (see Art. 19 and register provisions).
9.3 Can a licensor lose its rights in a trademark by failing to comply with its obligations under the licence, such as maintaining quality control?
Not as a formal matter; however, misleading use (including via licensee) can ground revocation, and unmanaged use risks the mark becoming generic (Art. 12b).
10 Protection of foreign trademarks
10.1 Under what circumstances may foreign trademarks not registered in the jurisdiction be enforced (eg, under unfair competition law)?
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.
10.2 Does the trademark office permit registration of a mark based on a foreign or international (Madrid) registration?
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.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
