Why should a trade mark be protected?
The objective of a trade mark is to distinguish the goods or services from the similar ones. The trade mark should be memorable, so that the consumer could buy the selected good or service again and again, if he or she was pleased with it. Therefore the distinctiveness and excellence of the trade mark are essential, as they help to achieve an advertising function. If a certain good or service has a good reputation, its trade mark will become a valuable sign of quality, which needs legal protection.
Registration of a trade mark is a right, not an obligation. It gives the trade mark owner an exclusive right to use the trade mark for designating particular goods or services. Registered trade mark provides a right to prohibit third parties from using any sign which is identical with or similar to this trade mark, concerning the same field of activities on the territory where the trade mark has acquired legal protection. The mark entered into the trade mark registry of Estonia has legal protection on the territory of the Republic of Estonia.
Trade mark protection has to be acquired in good faith, i.e. it is meant for protection of the business activity of the applicant, not for restriction of freedom of competitiveness or for deliberate blocking of the business activity of any other entrepreneur.