Opposition against a trade mark in Liechtenstein

Who can file an opposition and on what grounds

Those entitled to file an opposition include in particular proprietors of earlier trade marks and persons entitled to assert rights under earlier protected designations of origin or geographical indications. The law lists the admissible grounds for opposition exhaustively. They include earlier filed or registered trade marks, well-known trade marks, certain trade marks registered by agents or representatives and earlier designations of origin or geographical indications.¹

A lack of distinctive character of the later trade mark is not in itself a ground for opposition. For absolute grounds for refusal, the law provides in particular for invalidity proceedings. The procedure chosen must therefore match the defect asserted.²

Observing the deadline, form and fees

The opposition must be filed in writing with the Office of Economic Affairs, stating the grounds, within three months of the publication of the registration. The opposition fee must also be paid within the same period. Merely filing the opposition without paying the fee in time is not sufficient.³

The submission must identify the challenged trade mark, the earlier right and the opponent. Among other things, the goods and services on which the opposition is based and those against which it is directed must be specified. Several earlier rights of the same proprietor can form the basis of one opposition.³

Responding in time as the trade mark proprietor

The Office notifies the trade mark proprietor and invites them to comment within one month. The defence of non-use can also be raised within this period. If the proprietor does not contest the opposition in time, the trade mark is cancelled for the challenged goods and services; this concludes the opposition proceedings.⁴

If the opposition is contested in time, the opponent is given the opportunity to comment within two months. For the deadlines referred to in Art. 31a(3) and (5), further processing under Art. 38 MSchG is excluded. Deadlines should therefore be recorded immediately on the basis of the publication or notification.⁴

Examining the defence of non-use

If the earlier trade mark is already subject to the requirement of proof of use, its actual use may become decisive. If the other party raises the defence, the opponent must, under the conditions of Art. 31b MSchG, prove use within the last five years before the filing or priority date of the later trade mark. This requires that, on that date, it has no longer been possible to oppose the earlier trade mark for at least five years.⁵

Only goods and services for which use has been proven are taken into account in the decision. The defence should therefore be examined on the basis of the specific priority and the procedural dates. The Liechtenstein rules on recognised use, including Art. 11(4) MSchG, must be taken into account.⁵

Preparing for the decision and a settlement

If the opposition is well founded in whole or in part, the registration is cancelled accordingly. To that extent, the trade mark is deemed never to have had the effects of a registration. Otherwise, the opposition is rejected. The Office also decides on any award of costs.⁶

On a joint request, the parties are given at least two months to reach an amicable settlement. An agreement should precisely set out which changes to the register and which delimitations of use are to be made. A settlement of the conflict in the register does not automatically resolve all questions of a parallel dispute about actual use.⁶

Conclusion

In opposition proceedings, what counts is a suitable earlier right, precise requests and a timely response. Before initiating or defending proceedings, the situation regarding use and any scope for a settlement should also be examined.

Sources

1. Art. 31a(1), (2) and (4) in conjunction with Art. 3 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. 31e(2) MSchG.

3. Art. 31a(3) and (4) MSchG; Art. 19a, 19b and 19d(1) MSchV, each in the version of 1 July 2026.

4. Art. 31a(5) and (6) and Art. 38(4)(d) MSchG.

5. Art. 31b and 11 MSchG.

6. Art. 31a(7) and Art. 31c and 31d MSchG.

Last updated: 13 September 2026