Trademark registration Estonia
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We have researched availability for more than 150,000 brands and verified that they met all requirements to trademark them.
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Every year we register more than 1500 trademarks in all countries in the world, with objections being lodged in less than 1 percent.
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What are the costs of a trademark registration in Estonia?
- Includes all fees
- extra class
- Includes all fees
- up to 3 classes
- Includes all fees
- extra class
How do you get a trademark registration in Estonia?
It is mandatory to register a trademark in Estonia if you want to obtain the exclusive rights to this brand. There is a so-called First to File jurisdiction in the country. Only in exceptional cases is it possible to protect an unregistered trademark. You can register a trademark via Eesti Patendiamet: the Estonian patent office. If you are not a resident of the country and you do not have an industrial or commercial enterprise in Estonia, you must hire a trademark attorney to register your trademark.
How does a trademark's distinctiveness work?
In Estonia it is not necessary to have already taken a trademark into use before you start registering the trademark. However, this does not alter the fact that its active use increases the chances that your application will be accepted. When a brand is already in use, it is by definition more distinctive than brands that are not. Distinctiveness is an important criterion for the acceptance of the application.
Word elements and figurative elements
A distinctive mark can consist of a word element, a figurative element or a combination of both, but also of a three-dimensional sign, a sound, a pattern and more. You submit an application for only one brand. If you need legal protection for different versions of your trademark, you must submit separate applications. If you submit an application for a combined trademark, i.e. a trademark consisting of both words and figurative elements, the exclusive protection right within Estonia only applies to this specific combination.
If you want to be able to use the word element or the figurative element separately, it is recommended to request a separate registration in which only this element is included. If you don’t do this, there is a chance that third parties can use part of your brand. Are they doing this while offering very similar goods or services? Then you have the right to object to this on the basis of confusing resemblance.
Searching the local and European database
To avoid friction with already registered trademarks, company names and other rights, it is important to go through an extensive search process. Two different databases can be used for this: the database of the Eesti Patendiamet and the eSearch Plus database. The latter concerns the EUIPO database, where all brands of the European Union can be found. These are also valid in Estonia.
How does opposition by a third party work?
If you want to register a brand name in Estonia, this will be made known in the Eesti Kaubamärgileht, the Estonian trademark magazine. Your intention to register a trademark can be read by third parties, who then have the right to object. This gives them two months from the date of publication. Whether this objection is honored depends entirely on the specific situation.
What is the validity period of a trademark registered in Estonia?
If you want to register a brand name, it does not have to be in use yet. However, it is important that a trademark does not remain unused for more than five years after its registration. If it does, you run a high risk of actions by third parties that aim to cancel the brand for not using it. Use should be on a commercial scale.
Registered trademarks in Estonia are valid for ten years from the date of registration and can be renewed indefinitely. Extensions are also valid for a period of ten years. You can submit an application for extension twelve months before the expiry date. Are you late for this? After the expiry date, a grace period of six months applies in which you can still request your request for extension – albeit for a higher amount.
How does the fast procedure work?
All applications submitted to the Eesti Patendiamet undergo a review before starting the rest of the procedure. In the first assessment, the list of goods and services is, among other things, very carefully examined. The more complex and extensive the application is, the longer this assessment will take. A fast procedure has also been possible since October 2020. This does not apply to all brand types, but to word marks, figurative brands and shapes. The number of goods and services allowed is limited. There is a maximum of sixty names per application. The lower this number, the more likely it is that the application will meet the conditions.
International registration for Estonia
Estonia is one of the members of the European Union. For that reason, every trademark that falls under the Community trademark of the European Union is also protected here. The EU trade mark (awarded by the EUIPO) is protected in all 27 countries of the European Union. Estonia is also a member of the Madrid Protocol. International registration via this system is therefore also possible. You can then register your trademark in several countries at the same time that are important to you. This application is submitted to WIPO, which, after an initial check, forwards it to the Eesti Patendiamet, where the well-known procedure is followed.