Registrability of a trade mark in Liechtenstein

Examining sign and goods together

Registrability cannot be meaningfully assessed in isolation from the list of goods and services. A term can be a directly descriptive indication for certain offerings and a distinctive designation for others. The starting point is therefore always the sign, the goods or services specifically claimed and the perception of the relevant public.¹

The law permits in particular words, names, images, letters, numbers, colours, shapes and sounds. This list does not mean that such signs are automatically registrable. Unusual types of trade marks must also meet the statutory requirements regarding distinctiveness and representation in the register.¹

Distinctive character and descriptive indications

Signs devoid of distinctive character are excluded from protection. The same applies to trade marks consisting exclusively of indications that may serve to describe characteristics of the goods or services, and to terms that have become customary in the trade. This covers, for example, indications of kind, quality, intended purpose, value or geographical origin.²

For the choice of sign, this means: the more directly a word describes the offering, the more carefully it must be examined whether it can be understood as an indication of origin. An unusual spelling or a graphic addition should not be regarded as a solution too quickly. What remains decisive is the specific design applied for, taken as a whole.

Further absolute grounds for refusal

The examination does not end with descriptive words. Certain shapes or other characteristic features are excluded if they result from the nature of the goods, are necessary to obtain a technical result or give substantial value to the goods. Other grounds include signs contrary to public policy or accepted principles of morality, signs liable to deceive and applications filed in bad faith.³

Protected designations of origin and geographical indications, as well as other designations protected by law, deserve particular attention. Elements referring to origin must therefore be examined not only as an advertising statement, but also with regard to separate protective provisions.³

Assessing acquired distinctiveness in a targeted way

For lack of distinctive character, descriptive indications and customary terms, the MSchG provides for an exception: the trade mark may have acquired distinctiveness among the relevant public as a result of its use. This acquired distinctiveness must exist for the goods or services applied for before the decision on registration. It does not remove all absolute grounds for refusal.⁴

Anyone wishing to rely on it needs an evidence strategy geared to these requirements. The duration of use, the market presence and the perception of the sign must be brought into a comprehensible relationship. An advertising budget alone does not prove how the relevant public understands the sign.

Distinguishing registrability from earlier rights

A registrable trade mark may nevertheless conflict with earlier trade marks or other rights referred to in Art. 3 MSchG. The examination of absolute grounds for refusal and the search for earlier rights answer different questions. Registration is therefore not a comprehensive confirmation that use will be free of conflicts.⁵

Before filing, it is advisable to compare variants of the sign from a legal perspective, to coordinate the list of goods and services and to take the search results into account. If risks can be significantly reduced by an early adjustment, this option should be assessed before a costly market launch.

Conclusion

Registrability is a specific examination of the sign and the offering. A distinctive indication of origin, a precise list of goods and services and a separate examination of earlier rights create a sound basis for the application.

Sources

1. Art. 1b of the Law of 12 December 1996 on the Protection of Trade Marks and Indications of Source (Trade Mark Protection Act; MSchG), LGBl. 1997 No. 60, LR 232.11, version of 1 July 2026.

2. Art. 2(1)(b)–(d) MSchG.

3. Art. 2(1)(e)–(m) MSchG.

4. Art. 2(2) MSchG.

5. Art. 3 and 31 MSchG.

Last updated: 13 September 2026