What is a trade mark?

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A trade mark is a graphically represented sign which can be used to distinguish the goods or services of one person from identical or similar kind of goods or services of the other persons. A consumer must be able to identify certain products or services as those produced or provided by a specific person or enterprise and be able to find this product or service among the other offers on the basis of a trade mark. Trade mark protection cannot be used to protect the contents of the goods or services, the way how goods are produced or services are rendered, the ingredients of products etc.

The main types of trade marks:

WORD MARK - one word or a combination of words, a combination of letters, a combination of words, letters and numerals, a combination of letters and numerals etc., which are reproduced in a standard typeface or font without any design. The words may be from colloquial language, names or artificial words either in Estonian or in foreign languages. Slogans without any design are also considered as word marks.

COMBINED MARK – word(s), letter(s) or numeral(s) in combination with figurative element(s). Designed letters are also considered as figurative element.

FIGURATIVE MARK - consists of only a figurative element, it does not contain any words, letters or numbers.

THREE-DIMENSIONAL MARK - three-dimensional representation of an original outside form of a product, packaging etc., which can be represented from different perspectives.

SOUND MARK - a sound, a melody or a musical signature, which can be reproduced using notes.

Special types of trade marks, designating particular common features:

COLLECTIVE MARK - a sign which belongs to an association whose members may use the mark under the conditions and pursuant to the procedure provided for in the regulations of the collective mark;

GUARANTEE MARK - a sign used to designate the goods and services of different persons in order to guarantee a common quality, common geographic origin or method of production or another common feature of such goods and services.

Last modified 18.10.2018