The current trademark regulations in Estonia are mainly based on the Trademark Law, which came into effect on May 1, 2004. The Estonian Patent Office is responsible for managing trademark affairs and the official language is Estonian. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to better protect the trademark or renew it, it must be registered in accordance with the law. Estonian trademark registration adopts the principle of "application first", but in some cases, trademark rights can also be claimed based on "prior use". Estonia is a party to international intellectual property treaties such as the TRIPS Agreement, Nairobi Treaty, Paris Convention, Nice Agreement, and Convention Establishing the World Intellectual Property Organization. It is also a member of the Madrid Protocol and the European Union, so trademark registration can be processed through "single country registration", "EU registration", or "Madrid International Registration".
The Estonian trademark is valid for 10 years after registration. The validity period for applications filed before April 1, 2019 is calculated from the date of registration, and the validity period for applications filed after April 1, 2019 is calculated from the date of application; Renewal can be processed within 12 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years. After trademark registration, an application for invalidation/revocation can generally be filed in accordance with Articles 52 and 53 of Estonia's Trademark Law, which came into effect on May 1, 2004. The main reasons for invalidation under Article 52 are: (1) violation of the provisions of the Trademark Law (lack of distinctiveness, violation of public order or social morality, etc.); (2) Infringement of prior rights (including prior registered trademarks, well-known trademarks, name rights, etc.). The main reasons for revocation under Article 53 are: (1) becoming a common name for the goods or services in commerce; (2) Misunderstanding, especially in terms of the nature, quality, or geographical origin of goods or services; (3) Without justifiable reasons, the trademark has not been actually used on the goods or services specified at the time of registration for five consecutive years.
At present, the Estonian Patent Office adopts the Nice Classification 11th edition for the description of goods and services, and can accept applications for multiple categories in one table. The elements that can be registered as trademarks in Estonia include: text, names, letters, numbers, graphics, badges, sounds, colors, three-dimensional shapes, etc. Natural or legal persons who do not have a domicile, main place of business, or a genuine and valid business enterprise in Estonia must entrust a specialized agent in that country to handle the matter. The basic materials required for trademark application are: 1. Trademark design; 2. Category and specific product items; 3. Name and address of the applicant; 4. Power of attorney; 5.If priority is declared, proof of priority must be provided. The main process for applying for registration of an Estonian trademark is: application - examination - announcement - approval and issuance of certificates. The application will be accepted about 2 months after submission, and the examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice; If the substantive examination is passed, an announcement will be arranged. The opposition period is 2 months from the date of announcement. Any interested party may raise an objection to the registration of the trademark to the Patent Office. The main reasons for raising an objection are: 1. Conflict with prior trademarks, such as owning a prior registered trademark; 2. The trademark lacks distinctiveness; 3. The trademark has adverse effects; 4. Malicious registration; 5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc. If there are no objections or objections are not established during the announcement period, the trademark can be approved for registration and a registration certificate can be issued. In a smooth situation, trademark registration in Estonia takes about one year; If things don't go smoothly and there are rejections or objections along the way, the time will be greatly extended.
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