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Trade mark types

An explanation of the manner in which the trade mark shall be represented in the registration application, and examples from the databases of the Estonian Patent Office or the European Union Intellectual Property Office have been included.

You can use several types of trade marks to describe your goods or services. Before filing an application, considered which one best describes the company's activities.

In Estonia, you can protect the following trade mark types:

Word mark

A word mark is a trade mark consisting exclusively of words, letters, numbers or other standard typographical characters, without any design elements or colours. A word mark can be, for example, a name, a colloquial language word or a combination of words, an artificial word or a slogan.

Examples

HELLUS (reg-no 39238)
ABB (reg-no 23793)
LIFE KISSES YOU (reg-no 49741)

Figurative mark

A figurative mark is a trade mark consisting exclusively of figurative elements or a combination of verbal and figurative elements. The mark shall be represented by submitting a reproduction of the sign. 

Examples

(reg-no 55329)
(reg-no 55156)
(reg-no 55224)

Shape mark

A shape mark is a trade mark consisting of a three-dimensional shape. It can be a container, packaging or the product itself. The mark shall be represented by submitting either a graphic reproduction of the shape or a photographic reproduction which may contain different views.

Examples

 (reg-no 49903)   

 (EUTM no 017912686)

Position mark

A position mark is a trade mark consisting of the specific way in which the mark is placed on the product. The mark shall be represented by submitting a reproduction which identifies the position of the mark and its size or proportion with respect to the goods.  The image of the goods themselves, for which protection is not sought, is marked with a broken or dotted line.

Example

 (EUTM no 017437261)

In this example,  the subject-matter of the legal protection is not the shape of the shoe, but the way in which the particular shape is placed on the shoe.

Pattern mark

A pattern mark is a trade mark consisting exclusively of a set of elements which are repeated regularly. The mark shall be represented by submitting a reproduction showing the pattern of repetition.

Examples

(EUTM no 017699992)

(EUTM no 017421827)

Colour mark

A colour mark is a trade mark consisting of a single colour or a combination of colours without contours. The mark shall be represented by submitting a reproduction of the colour or a reproduction that shows the systematic arrangement of a combination of colours. The colours should be indicated by reference to a generally recognised colour code.

The purpose of the registration of a colour mark is to obtain the exclusive right to use a particular colour tone or combination of colours for designating a particular good or service. Before applying, it is important to know that according to the current practice of registration of both Estonian and EU trade marks, a colour mark consisting of a single colour can generally not be registered on the grounds that such a mark has no distinctive character. As a rule, a mark can be registered only if the applicant has used it in advance and can demonstrate that the consumer perceives the colour on his goods or services as a trade mark (the mark has acquired distinctiveness as a result of the use).

Examples

(EUTM no 016800054)

(reg-no 54027)

Sound mark

A sound mark is a trade mark consisting exclusively of a sound or a combination of sounds. The mark shall be represented by submitting an audio file reproducing the sound or by an accurate representation of the sound in musical notation.

Examples

 (EUTM no 017265356)

Helimärk - EUTM nr 005170113

(EUTM no 005170113)

(EUTM no 017592031)

Motion mark

A motion mark is a trade mark consisting of a movement or a change in the position of the elements of a mark. The mark shall be represented by submitting a video file or by a series of sequential still images showing the movement or change of position.

Examples

 (EUTM no 008553133)

(EUTM no 017586521)

Multimedia mark

A multimedia mark is a trade mark consisting of a combination of image and sound. The mark shall be represented by submitting a video file.

Examples

(EUTM no 017279704)

(EUTM no 017411315)

Hologram mark

A hologram mark is a trade mark consisting of elements with holographic characteristics. The mark shall be represented by submitting a video file or a graphic or photographic reproduction containing the views which are necessary to sufficiently identify the holographic effect in its entirety.

Examples

(EUTM no 017579491)

(EUTM no 017993401)

There are two special types of trade marks, designating particular common features

  • Collective mark is a sign capable of distinguishing the goods or services of the members of the association, which is the proprietor of the mark, from those of other undertakings. Associations of manufacturers, producers, suppliers of services, or traders, as well as legal persons governed by public law, may apply for collective marks. An applicant shall submit regulations governing use which specify the persons authorised to use the mark, the conditions of membership of the association and the conditions of use of the mark.
  • Certification mark is a sign capable of distinguishing goods or services which are certified by the proprietor of the mark. Any natural or legal person may apply for certification marks provided that such person does not carry on a business involving the supply of goods or services of the kind certified. An applicant shall submit regulations governing the use which specify the persons authorised to use the mark, the characteristics to be certified by the mark, how the certifying body is to test those characteristics and to supervise the use of the mark, also the conditions of use of the mark.  

Last updated: 02.02.2024