How to protect your trade mark in Estonia?
Legal protection in Estonia is suitable for entrepreneurs who are planning to do business only within Estonia at least in the beginning.
In order to obtain legal protection in Estonia an applicant has to file an application for registration of a trade mark with the Estonian Patent Office and pay the state fees. The application has to be filed in Estonian and the text on the application form should be typed. The application can be filed via the electronic filing portal or by filling in an application form, which can be printed out and either brought or sent to the Reception of the Estonian Patent Office. If the application is sent by fax, the original documents of the application have to be filed within two months. It is also possible to bring the application to the mailbox which is open around the clock and the relevant filing date will be determined.
Each application may include only one trademark. Separate applications should be filed, if legal protection for different variants of the trade mark is needed.
Procedures relating to the registration of a trade mark can be performed by an applicant or a patent attorney authorised by the applicant. A person with no residence, seat or commercial or industrial enterprise operating in Estonia must authorise a patent attorney as a representative, except for filing an application for registration of a trade mark.
Before filing the application it is important to think through thoroughly the goods and services for which protection will be required as after acceptance of the application it is not possible to add any goods or services. The application fee depends on the number of classes of the goods and/or services listed in the application. Assistance for the classification of the goods and services can be found in the database TMclass.
Documents to be filed in the application for registration of a trade mark:
- a request for the registration of a trade mark (Trade Mark Registration Application Form);
- an authorisation document or reference to an authorisation document submitted earlier if the applicant has a representative;
- documents certifying priority if priority is claimed;
- information concerning payment of the state fee;
- regulations of the collective mark or guarantee mark if the application is filed for the registration of a collective mark or guarantee mark.
It is very important for the applicant to follow the due dates for making amendments and corrections to the application as well as for payment of the state fees. If the applicant fails to respond by the due date the processing of the application will be terminated. During the registration process it is important to bear in mind that if information concerning payment of the state fee for the registration is not submitted by the due date, the application is deemed to be withdrawn. Therefore correct contact details should be submitted to the Estonian Patent Office in order to receive the corresponding notices.
However, in case the application is deemed to be withdrawn an applicant has a right to request the resumption of processing, if the applicant failed to perform the prescribed acts in due to force majeure or some other impediment beyond the control of the applicant or a representative. It should be borne in mind that a request for the resumption of the processing may be filed within six months after the due date for the act which was not performed.
A notice concerning a decision to register a trade mark is published in the official gazette of the Patent Office "Eesti Kaubamärgileht" (the Estonian Trade Mark Gazette). An interested person may contest the decision to register a trade mark at the Industrial Property Board of Appeal within two months from the publication date.