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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.
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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.
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Do I need to sign a Power of Attorney?
Yes. The trademark office of Estonia requires applicants to submit a power of attorney.
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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.
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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.
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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
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What are the phases of application after a trademark has been filed in Estonia?
The sequence of application steps in Estonia is as follows:
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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
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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
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Registration – The registration will be issued once the opposition period is over; either there are no challengers or the applicant overcame all challenges.
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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.
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Does Estonia use the "Nice Classification" system?
Yes. The Nice Classification system is applicable in this jurisdiction.
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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.
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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
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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.
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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.
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What will be the renewal date of my trademark?
The first renewal will happen 10 years from the date when the registration was granted.
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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.