IP Lawyer in Liechtenstein: Enforcement and Domain Disputes

No. LFT prepares and coordinates the evidence file. Professional party representation is reserved to lawyers under RAG Art. 8(1)(b), without prejudice to the statutory powers of legal agents, trustees and patent attorneys (Art. 8(3)); unauthorised commercial exercise of a reserved activity is an offence (Art. 103). The licensed lawyer is named in your engagement letter.

No. The licensed Liechtenstein lawyer named in your engagement letter files and appears. LFT collects the documents, orders the evidence and coordinates between you and the lawyer. This follows RAG Art. 8(1)(b). The lawyer decides the strategy, and no outcome is promised.

In trademark proceedings, a party with no domicile, seat or establishment in Liechtenstein, another EEA state or Switzerland must appoint a lawyer or patent attorney established in Liechtenstein or admitted there for temporary practice (Art. 39(1)). A party established in the EEA or Switzerland needs only a domestic address for service (Art. 39(2)).

For the performance action (prohibition, removal and disclosure), yes: it can be brought only after the mark is entered in the register (Art. 53(2a)). A declaratory action needs a proven legal interest (Art. 50). A mark that is not registered yet goes to the trademark registration route first.

The applicant must make it credible that the right is infringed, or that an infringement is feared, and that a disadvantage not easily repaired threatens (Art. 57(1)). The Landgericht decides. This page states no court duration and no court fee, because none was read.

Besides prohibition, the Landgericht can be asked for removal and disclosure (Art. 53(1)). In interim proceedings it can order evidence preservation, tracing of the origin of marked goods, preservation of the status quo and provisional enforcement of prohibition and removal claims (Art. 57(2)).

Civil claims for damages, satisfaction and an account of profits remain open beside the performance action (Art. 53(2)). This page states no amount and no likelihood of success. Whether to claim them is decided with the licensed lawyer, once the evidence file is complete.

The Act provides both routes. Intentional infringement is punishable on the injured party's request by up to one year or 360 daily rates (Art. 59(1)); commercial infringement by up to three years, prosecuted by the public prosecutor (Art. 59(3)). The licensed lawyer decides which route to use and in which order.

The customs authority may notify the right holder of suspect goods and hold them for three working days (Art. 68(2)), so the right holder can file an application. For a trademark it goes to the Office of Economic Affairs, which forwards it. The applicant may also ask for destruction of the goods.

Three working days on notice. On an approved application the goods are held for at most ten working days after the applicant is notified (Art. 70(3)), and for up to ten more in justified cases (Art. 70(4)). The hold lets the right holder seek an interim injunction, so the file is best prepared in advance.

WIPO runs the procedure, a variation of the UDRP. It starts with a conciliator and a telephone conference of up to one hour. If conciliation fails, or the respondent does not take part, and the claimant has asked for it, WIPO appoints an expert. A represented claimant files a power of attorney.

The claimant must prove a clear infringement of a right in a distinctive sign that it owns under the laws of Liechtenstein. Whether a foreign mark alone meets this is not stated, so the partner confirms it on the facts. Requesting an expert decision submits the claimant to the courts of Zurich for proceedings against that decision.

Liechtenstein and Switzerland form one protection territory for invention patents (Patentschutzvertrag Art. 1). A licensed patent attorney advises and represents in intellectual property matters (PAG Art. 8(1)). Patent filings are handled on their own page, so this page does not restate them.

The registration certificate of the mark, or the work and proof of its authorship for copyright; screenshots, test purchases and correspondence that show the infringement; a goods description for a customs application; for a .li name, proof of a right in a distinctive sign under Liechtenstein law; and a signed power of attorney.

Our fee and the partner's are quoted on request after the case intake. The customs authority may charge an administrative fee and held goods are stored against a fee (MSchG Art. 69(7), MSchV Art. 46(1)); WIPO publishes a schedule of fees. No court, customs or WIPO amount was read, so none is quoted here.