How to protect your trade mark in Estonia?
Legal protection in Estonia is suitable for you, if at least in the beginning you are planning to do business only in Estonia.
In order to obtain legal protection in Estonia you have to file an application for registration of a trade mark in Estonian with the Estonian Patent Office. You can file the application via the electronic filing portal or by filling in an application form, which can be printed and either brought or sent to the reception of the Estonian Patent Office. It is also possible to bring the application to the mailbox which is opened around the clock and the relevant filing date will be determined.
When paying the state fees, a unique reference number should be used. It will be provided to you by the Estonian Patent Office after you have filed the application. If you have paid the state fees before the Patent Office has provided the unique reference number, the reference number field should be left blank and the data concerning the payment should be submitted to the Patent Office.
Each application may only include one trade mark. Separate applications should be filed, if you need legal protection for different versions of your trade mark.
Procedures relating to the registration of a trade mark can be performed by an applicant or by 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.
Before filing the application it is important to thoroughly think through 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 or services listed in the application. Assistance for the classification of the goods and services can be found in the database TMclass.
It is very important for the applicant to follow the due dates for making amendments and corrections to the application as well as for the payment of fees. If the applicant fails to respond by the due date the processing of the application will be terminated. 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However, in case the application is deemed to be withdrawn an applicant has the right to request the resumption of processing. It should be borne in mind that a request for the resumption of processing may be filed within six months after the due date for the act which was not performed.
A notice concerning the decision to register a trade mark is published in 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. The owners of the earlier rights should monitor the notices concerning the decisions to register trade marks published in the official gazette and contest the decisions, if the Patent Office has decided to register the trade mark that is in conflict with their earlier rights.