Trademarks Law in Estonia
Here is a comprehensive overview of Trademark Law in Estonia:
Trademark Law in Estonia
Trademark protection in Estonia is governed by the Trade Marks Act, which came into force on May 1, 2004, aligning with European Union regulations. The Estonian Patent Office (EPA) administers trademark registrations and related matters.
Key Features of Trademark Law in Estonia
1. Definition of a Trademark
A trademark is any sign capable of distinguishing the goods or services of one enterprise from those of others. This includes:
Words, including personal names
Designs, letters, numerals
Shapes of goods or their packaging
Combinations of colors
Sounds, and other non-traditional marks
2. Registration Process
Application: Submit an application to the EPA, including:
Applicant's name and address
Representation of the trademark
List of goods and services (classified according to the Nice Classification)
Priority claim, if applicable
Examination: The EPA examines the application for compliance with legal requirements, including distinctiveness and potential conflicts with existing trademarks.
Publication: If the application passes examination, it is published in the official gazette, initiating a two-month opposition period during which third parties can file objections.
Registration: If no oppositions are filed or if they are resolved in favor of the applicant, the trademark is registered, and a certificate is issued.
3. Duration and Renewal
Initial Protection: Trademark registrations are valid for 10 years from the filing date.
Renewal: Registrations can be renewed indefinitely for successive 10-year periods. Renewal applications must be filed before the expiration date or within a six-month grace period after expiration, subject to additional fees.
4. Use Requirement
To maintain trademark protection, the mark must be used in commerce within five consecutive years from the registration date. Failure to use the trademark during this period may result in cancellation upon request by an interested party.
5. Opposition and Cancellation
Opposition: Third parties can oppose a trademark application within two months from the publication date.
Cancellation: A registered trademark may be subject to cancellation if:
It has not been used for five consecutive years without valid reason.
It has become a generic term or misleading.
It conflicts with earlier rights.
6. International Protection
Estonia is a member of the Madrid Protocol, allowing for international trademark registration through the World Intellectual Property Organization (WIPO). Applicants can file a single application to seek protection in multiple countries.
Summary Table
| Feature | Details |
|---|---|
| Governing Law | Trade Marks Act |
| Registration Authority | Estonian Patent Office (EPA) |
| Duration | 10 years from filing, renewable every 10 years |
| Opposition Period | 2 months from publication |
| Use Requirement | Must be used within 5 years to avoid cancellation |
| Grace Period for Renewal | 6 months after expiration |
| International Treaties | Madrid Protocol |
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