Estonia

Trademark registration Estonia - Estonia is a member of the Madrid Protocol since November 18th, 1998. Since May 1st, 2004, Estonia has been a member of the European Union. Legal basis is the Trademark Act of October 1st, 1992, last redaction entered into force January 1, 2012. Trademark protection is obtained by registration.

Requirements

A trademark application has to be filed before the Patent Office by a local agent. A non-legalised power of attorney is sufficient. Foreign applicants do not need a domestic registration.

Procedure

The application process includes a formal examination, an examination of distinctiveness and a substantial examination (search for prior trademarks and company names). It takes approximately 16-18 months from first filing to registration. Before registration the trademark is published in the official Gazette (Eesti Kaubamärgileht). The opposition period at the Board of Appeal is 2 months from publication date of the application. Within 5 years from the registration date it is also possible to file an action against the proprietor of a trademark for his exclusive rights to be cancelled if circumstances which preclude legal protection exist and existed also at the time when the decision to register the trademark was made.

Duration

A trademark registration in Estonia is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years.

Methods

NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office.

EUROPEAN UNION (COMMUNITY TRADEMARK): Since this country is a member of the European Union, Trademark Protection could be obtained by registration of a Community Trademark (CTM), which is valid for a period of 10 years in all countries of the European Union.

INTERNATIONAL REGISTRATION (MADRID SYSTEM)*: If you already have filed a trademark application or have a trademark registration in one or more countries of the Madrid Union (based on the Madrid Agreement and Madrid Protocol), you can obtain trademark protection by filing one single application, so called International Registration (Madrid System).

*Note: The fees for an International Trademark Application (WIPO) will be calculated for each individual country or multiple countries. For a quotation please send us an e-mail with the name of countries where you currently have a registration and all preferable countries where you wish to extend your trademark protection.

Extra

Duly note, if the trademark has not been used within 5 years from registration or has not been used later for a continuous period of 5 years, it may be subject to cancellation.