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Estonia Trademark Registration 

In order to obtain trademark protection in Estonia you can register your trademark in two ways: First option is that you request registration in the entire European Union with one single application; this can be done via the European Union Trademark which grants trademark protection in the 28 country members of the EU (more info here). Second option is that you register directly your trademark in Estonia. If you want to proceed this way please follow the steps described below.

A trademark attorney will process your trademark registration in Estonia through the following steps:

 
Trademark Comprehensive Study   Step 1. Trademark Comprehensive Study:
A trademark search report with attorney's analysis and opinion about registration probabilities.
Step 1 Prices
 

 
Trademark Registration Request   Step 2. Trademark Registration Request:
A trademark attorney will file and process your trademark application before the Trademark Office.
Step 2 Prices
 

 
Trademark Registration Certificate   Step 3. Trademark Registration Certificate:
Once your trademark application is approved, we will obtain your registration certificate.
Step 3 Prices
 

Frequently Asked Questions
  • Is there a time frame for the trademark registration approval?

    The average time frame for the registration approval is 18 months, if no objections or oppositions arise.

     

  • If I register my trademark in Estonia, do I have protection in other territories?

    No. The registered mark is not protected in other countries. The protection is limited only to Estonia.

  • Do I need to sign a Power of Attorney?

    Yes. The trademark office of Estonia requires applicants to submit a power of attorney.

  • Are there any benefits from a pre-filing use of the trademark?

    Yes. Pre-filing use lets the applicant exhibit the mark’s acquired distinctiveness and dismiss oppositions based on non-distinctiveness.

  • Will there be problems in case I don’t use my trademark after registration?

    Yes. Non-use of a registered mark is a ground for cancellation.

  • What are the types of trademark that can be registered in Estonia?

    Any mark that can be recreated graphically and can tell apart a product or service from others are acceptable for registration: 

    • Words
    • Devices
    • Names
    • Trade dress
    • Slogans
    • Sounds
    • Shapes (having 3 dimensions)
    • Colours
    • Retail services
    • Service marks
    • Certification marks
  • What are the phases of application after a trademark has been filed in Estonia?

    The sequence of application steps in Estonia is as follows: 

    1. Examination – The trademark authorities will examine the application based on these elements:
      • Bad faith
      • Conflict with an earlier registration
      • Deceptiveness
      • Classification
      • Formality
      • Descriptiveness
      • Distinctiveness
      • Conflict with an earlier registered business name
      • Conflict with an earlier registered pharmaceutical product
      • Conflict with rule against marks that are exclusively derived from the product’s shape
    2. Publication – The application details are made accessible to third parties via print and online publication.
      • Name and address of applicant
      • Number and date of application
      • Good or services
      • Information about priority claim
      • Trademark representation
      • Colours
    3. Registration – The registration will be issued once the opposition period is over; either there are no challengers or the applicant overcame all challenges.
  • What type of trademark is non-registrable?

    The following marks are not acceptable for registration: 

    • Marks that are at odds with moral principles and/or public order
    • Generic words/terms
    • Flags, symbols and names of international organizations, states, regions and nations
    • Marks that are lacking in acquired distinctiveness
    • Names of geographic locations but not appellations of origin
    • Marks that deceive the consumers as to the product’s quality, intended purpose, etc.
  • Does Estonia use the "Nice Classification" system?

    Yes. The Nice Classification system is applicable in this jurisdiction.

  • Does the Community Trademark apply for Estonia?

    Yes. Estonia is a member of the European Union which makes the Community Trademark registration effective in this territory.

  • Is there any possibility to claim priority in Estonia?

    Yes. The applicant’s home filing date can be used as the filing date in Estonia if: 

    • The applicant’s home country is a party to the Paris Convention
    • The home filing date is within 6 months preceding the date of filing in Estonia
    • International registration can be based in Estonia
  • What do I need to do to satisfy the use requirement?

    The mark must be used within 5 years from its registration date. The owner’s right will be revoked if the mark was not used within 5 consecutive years. Commercial use is mandated and it must occur in the territory of Estonia.

  • Once my trademark has been registered, for how many years will be valid?

    The trademark will be valid for 10 years beginning on the registration date.

  • What will be the renewal date of my trademark?

    The first renewal will happen 10 years from the date when the registration was granted.

  • Is it legal to use my trademark even if it is not yet registered?

    Yes. An unregistered mark can be legally used for goods and services.


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