(1) Filing an opposition
An opposition may be filed by any person who has a legitimate interest and who is established or resident in Latvia or in one of the countries of origin of the product, if the application for registration relates to a cross-border product.
A person who objects to the registration of a geographical indication shall submit:
- the name of the product to which the objection relates
- information about the person submitting the objection – the name and surname of a natural person and their place of residence, or the name, registration number and legal address of a legal person
- the grounds for the objection and relevant evidence and explanations
- information confirming payment of the fee for filing the objection
- if the objection is filed through an authorized representative, the original power of attorney shall be attached to the application
(2) Evaluation of the request for opposition
Within five working days of receiving an objection to the registration of a geographical indication and the relevant fee, the Patent Office shall assess the compliance of the objection with the requirements of regulatory enactments. If the objection is not submitted in accordance with the requirements, the objection shall be rejected.
If the objection is admissible, it shall invite the opponent and the applicant for registration to enter into discussions with a view to reaching an agreement between the parties.
If necessary, the Patent Office may provide assistance during the consultation process at the request of the parties. The Patent Office shall set a deadline by which the parties shall report to it on the outcome of the agreement and submit the changes made to the application as a result of the agreement.
In cases where no agreement has been reached between the parties, the Patent Office shall evaluate the objection on its merits. When evaluating the objection on its merits:
- if the opposition is substantiated, a decision shall be taken to refuse the application for registration, thereby satisfying the opposition
- if the opposition is not substantiated and is rejected, a decision is taken on the admissibility of the application for registration, rejecting the opposition