According to the Estonian laws on the protection of intellectual property, a trademark is any registered sign that is used to represent goods or services. In order to be recognized, a trademark must be registered with the Patent and Trademark Office in Estonia. An applicant must file an application for trademark registration and based on that the trademark will be examined by the Estonian Trademark Office. The examination will take about 3 or 4 months as it is published in the Official Bulletin. While published in the Estonian Official Gazette, the trademark may be subject to opposition if owners of previously registered trademark or any other individuals consider the trademark registration would harm them.
Individuals considering the registration of a trademark damages their image have a 2 months period of time to file an opposition. This period cannot be extended. The opposition for trademark registration is usually filed by owners of previously registered trademarks, such as Estonian companies using a similar trademark. The opposition will be filed in writing and will have attached to it the proof of payment of the opposition fee otherwise it will not be taken into consideration. The opponent must also prove the grounds for opposing the registration of the Estonian trademark. When filing for opposition, the petitioner must submit a declaration showing how the registration would harm him or her and a statement of the reasons for opposing the registration.
Once the opposition is registered, the person applying for trademark registration will receive a notice of opposition he or she must answer. If no counter-statement is submitted, the trademark application will be rejected.
Parties involved in trademark opposition in Estonia usually reach an agreement regarding the use of the trademark. If that does not happen, both opponent and trademark applicant are required to submit evidence that will support their claims. The opponent must submit proof of use of the previously registered trademark. Based on the evidence, the Estonian Trademark Office will decide whether to grant or not the registration of the trademark. Trademark opposition may also be appealed before the Estonian County Court of Harju. In Estonia trademark opposition or registration may be appealed to the Supreme Court, also.
For trademark registration or details about the Intellectual Property Law you can contact our lawyers in Estonia.
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