The main legal framework for the protection of trademarks in Estonia is the Trade Marks Act. According to the Estonian Trade Marks Act, a trademark is any sign, letter, word, number or combination of these elements that distinguish certain goods or services from others. The protection of trademarks in Estonia can be achieved in two ways: by registering the trademark through the Community Trademark agreement that grants protection of a trademark in all EU member states, or directly with the Patent Office in Estonia.
In order to register a trademark with the Estonian Patent Office, the applicant must submit a request for registration that will contain:
Foreign citizens are also allowed to register trademarks provided that they appoint a law firm in Estonia to conduct the registration procedure on their behalf.
Once all documents are submitted, the Estonian Patent Office will examine the documents and the trademark. The following step once the examination is over and the Patent Office approves the trademark registration will be to publish the trademark in the Official Gazette. The Estonian trademark will be published for two months, time in which anyone considering the registration should not take place may file for opposition with the Estonian Patent Office. If no opposition is registered, the Patent Office will then register the trademark and issue a registration certificate. Trademark registration in Estonia has a 10-year validity from the registration date and can be renewed for another 10-year period provided that a renewal fee is paid.
For complete details about trademark registration and other laws for the protection of intellectual property rights please contact our lawyers in Estonia.
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