The legal protection of a registered trade mark applies from the date of filing of the the trade mark registration application and is valid for 10 years after the date of filing.
Trade marks registered on the basis of applications submitted before 1 April 2019 are subject to legal protection from the date of filing of the trade mark application and remain valid for 10 years after the date of registration.
According to subsection 50 (1) of the Trade Marks Act, the proprietor of the trade mark can, during one year prior to expiry of the term of legal protection of a trade mark, request renewal of the term of the legal protection of the trade mark for the next ten years.
An application for the renewal of the term shall be submitted to the Patent Office through the e-services portal, to the e-mail address vastuvoett [at] epa.ee (digitally signed as an attachment) or in free form on paper.
According to the subsection 104 (1) of the State Fees Act, the state fee for the renewal of the term of legal protection of a trade mark is €195. Upon paying the state fee, a unique reference number shall be used – the applicant receives it from the Patent Office to his or her e-mail address after the application for the operation has been submitted.
If the proprietor of the trade mark has forgot it or if the renewal of the term has not been carried out for some other reason, the proprietor can, according to subsection 50 (2) of the Trade Marks Act, request restoration of the term for renewal of the legal protection of the trade mark within six months after the term of legal protection of the trade mark has expired.
In case of restoring the term, the proprietor of the trade mark must pay – in addition to the renewal fee of €195 – also an additional state fee of €45 according to the subsection 106 (1) of the State Fees Act. Therefore, if the proprietor of the trade mark wishes to restore the term for renewal of legal protection of the trade mark, and to renew the term of legal protection of the trade mark, a state fee in total of €195 + €45 = €240 has to be paid.
6 months before the expiry of the trade mark, the Patent Office shall send a reminder to the e-mail address of the proprietor of the trade mark to extend the term of validity. Re-notification will be sent on the day following the expiry of the term of validity, after which it is possible to extend the validity of the trade mark for a further 6 months by paying the additional fee. A valid e-mail address of the proprietor of the trade mark must be provided in the register in order to be able to receive the notification.
The Patent Office wishes to remind the proprietors of trade marks to pay attention and to keep in mind when the term of legal protection ends for their trade mark, and when to renew it.
If the trademark is deleted from the register, the proprietor of the trade mark must again carry out the whole process of registration which includes filing the application, paying the state fee and passing the examination. That means essentially that the trade mark application will be considered as a new trade mark registration application at the Patent Office.
See more: Trade mark fees