Scope of legal protection
The scope of legal protection of a trade mark is based on:
- the representation of the trade mark entered in the register or a well-known trade mark in the form in which it became well known, i.e. the proprietor of the trade mark has the right to prohibit the use of the signs identical and similar to the above-mentioned representations of a sign;
- the list of goods and services, i.e. legal protection of a trade mark does not enhance all areas automatically, it is related to the goods and/or services listed in the registration. Only legal protection of a well-known trade mark may extend to the goods and services, which do not contain in the trade mark registration or for the designation of which the trade mark is not used. The goods and services are classified in accordance with the international classification of goods and services established by the valid edition of the Nice Classification of Goods and Services;
- the territory, where the trade mark is valid, i.e. legal protection can be acquired in the country or a union of countries, where the mark has been registered or become well known. There is no uniform worldwide legal protection of a trade mark. Therefore a territory, where legal protection is required, should always be chosen. The trade mark registered by the Estonian Patent Office provides legal protection on the territory of the Republic of Estonia. There are other options to obtain legal protection internationally (via the other national offices, the EU system and the Madrid system);
- the period of time, during which the trade mark registration is valid. It is 10 years from the date of entering the trade mark into the register, whereas it can be renewed upon payment of the fee by 10 years. So the time of legal protection of the trade mark is not automatically unlimited. The proprietor of a trade mark has to monitor the term of legal protection and it is possible to apply for renewal. If the term of legal protection is constantly renewed, the trade mark can enjoy legal protection for unlimited time.