Trademark Registration in Estonia

Trademark protection in Estonia

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 as an EU trade mark with the EU Intellectual Property Office (EUIPO), which grants protection of a trademark in all EU member states, or directly with the Patent Office in Estonia.

Our lawyers can help you in case you need assistance in the process of trademark registration in Estonia.

What are the documents required for trademark registration in Estonia?

In order to register a trademark with the Estonian Patent Office, the applicant must submit a request for registration that will contain:

– the request the registration of the trademark,
– the name, address and other relevant information about the applicant,
– a representation of the trademark,
– a list with the goods or services the trademark will represent,
– a declaration of priority, if required,
– a description of the trademark regarding the color or if it is a three-dimensional sign.

Foreign citizens are also allowed to register trademarks provided that they appoint an Estonian patent attorney to conduct the registration procedure on their behalf.

What are the trademark registration steps in Estonia?

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.

Trademark opposition procedure in Estonia

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 in Estonia will receive a notice of opposition he or she must answer. If no counter-statement is submitted, the trademark application will be rejected.

The decision in trademark opposition in Estonia

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 in Estonia or details about the Intellectual Property Law you can contact our Estonian lawyers.

Our team can also help you apply for temporary Estonian residency. We will give you counsel, and assistance based on nationality (EU/EEA national or other nationalities), your work status (employee, investor, highly qualified employee, etc.), the duration of your stay (short-term or 1 year or more), as well as whether or not you will be joined by our spouse and/or children.

For complete details about trademark registration and other laws for the protection of intellectual property rights please contact our lawyers in Estonia.

Our experts also provide other types of services, tailored to the needs of individuals who wish to relocate to Estonia, as well as those who are already living in the country based on temporary or permanent residency. For those interested in the mandatory conditions for acquiring Estonian citizenship, our team can answer the most important pre-application questions.

If immigration to Estonia is something that interests you, our team is ready to answer specific questions about the process. The applicant’s nationality can influence the needed steps, meaning that EU and EEA citizens apply for the right of permanent residence after five years while non-EU/EEA nationals apply for a long-term residence permit, also after five successive years spent in the country.