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Benelux trademark protects Belgium, Netherlands and Luxemburg. In order to obtain trademark protection in Benelux 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 Benelux. If you want to proceed this way please follow the steps described below.
Step 1 - Trademark Comprehensive Study
Before filing your trademark in the Estonia, you must evaluate any issues that may arise during the registration process. Our Comprehensive Study not only lists similar trademarks (graphic and phonetic) that may conflict with yours but also provides you with an Attorney's opinion on the trademark registration possibilities and the class(es) that your goods/services belong to.
Trademark Class Recommendation
Graphic & Phonetic Similarity Trademark Search
Trademark Attorney's Analysis & Advice
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Step 2 - Trademark Registration Request
Specialized attorneys file your Trademark Application in the Estonia and carry out all the necessary formalities to bring your application before the Estonia Trademark Office for approval and registration. As soon as your trademark is filed, we send you a filing report that includes an application number and date, plus a scanned copy of the filed trademark application.
Process Handled by Experienced Trademark Attorneys
Filing the Report & a Scanned Copy of the application
Tracking the Registration Process Online
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Step 3 - Trademark Registration Certificate
Once your trademark application is approved, our attorneys complete all the formalities necessary to obtain the registration certificate in the Estonia. After the certificate is issued, it is forwarded to your address along with a registration report specifying the registration number, registration date, and any special consideration that should be taken into account in the Estonia.
Process Handled by Experienced Trademark Attorneys
Delivery of Registration Certificate & Report
Monitoring & Notification of Important Dates
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 Frequently Asked Questions
Trademark Registration
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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: 

  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.
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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.

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Does having a registered trademark in Estonia afford me any right?

Legal protection and ownership rights to a trademark are obtained only through registration.

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What is the web address of the trademark national office?

Estonia’s national trademark office is accessible online at: https://www.epa.ee/en

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Is there any need to use my trademark before I apply for registration?

Applicants are not mandated by Estonia’s trademark law to use the mark before filing of application.

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What are the grounds for a Trademark Application to be opposed?

The application can be challenged on these grounds: 

  • Breach of copyright
  • Proprietary rights
  • Bad faith
  • Moral principles and public policy
  • Generic marks/words
  • Rights of well-known marks
  • Rights in a registered design
  • Rights in a company/business name
  • Rights in a proprietary pharmaceutical or medicinal product
  • Rights in a personal name
  • Use of a geographical indication
  • Prohibited marks based on international treaties
  • Rights in a fixed architectural structure or rights in an industrial property
  • Registration under agent’s name or other representative
  • Use of protected state emblems, flags or armorial bearings
  • Functional, descriptive, non-distinctive, disparaging, misleading or deceptive marks
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Who can contest my trademark registration?

Any interested person or party can oppose the registration. Owners of an earlier registered mark may also initiate an opposition.

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Is it possible to cancel a registration?

Yes. A registered mark may be cancelled on the following reasons: 

  • Rights in a personal name, registered design, company name, pharmaceutical/medicinal product, fixed architectural site, or industrial property
  • Bad faith
  • Geographical indication
  • Incapable of being reproduced graphically
  • Conflict with moral principles and public order
  • Generic mark
  • Registration under name of agent or representative
  • Used of protected emblems of states, flags or armorial bearings
  • Proprietary rights
  • Descriptive mark
  • Non-distinctive mark
  • Misleading/disparaging/deceptive mark
  • Functional mark
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Are there any rights established by having a registered trademark?

Yes. Owners of the registered mark are secured of the following rights: 

  • Exclusive right to use the mark
  • Right to object to conflicting applications filed on a later date
  • Right to petition for the cancellation of conflicting registrations
  • Right to sue third parties for infringement
  • Right to obtain damages from third parties for infringement
  • Right to give authorization to third parties to use the mark
  • Right to demand for the confiscation of fake goods bearing the mark
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How long is the opposition period?

The opposition period will officially start on the date the application was published. It will close exactly two months after the publication date.

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Is Estonia a member of the Madrid System?

Yes. Estonia signed the Madrid Protocol registration system.

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Do I need to present periodic statement of use?

No, it is not a requirement.

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When should I renew my trademark?

Renewals are done every 10 years from the date of initial registration or from the date of last renewal.

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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 there any documentation that should be presented when renewing a trademark?

A power of attorney is necessary to renew a trademark.

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If my trademark expires, do I have a grace period?

After the expiration date, the trademark is still renewable within 6 months.

Basic Concepts
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What is a trademark?

A trademark identifies a company’s products and services and distinguishes them from those of its competitors in the market. The name (the verbal element) is not the only component of a trademark—figurative elements such as logos, design, images, colors, and sounds also create an identity that can be protected by trademark registration.

With the registration, the owner (person or company) becomes the owner of the trademark. The registration is given for a particular country/territory, for certain products or services, and for a specific term. While the registration is in force, only the owner may use the trademark in the market where the trademark is registered.

 Some symbols to consider:

® Means the trademark is registered.

TM Some countries use this trademark symbol to show that the trademark has been filed at the trademark office and is still undergoing the registration process.

SM Some countries use this service mark symbol to show that the service mark has been filed at the trademark office and is still undergoing the registration process.

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What is the difference between a trademark, patent and copyright ?

You can lay claim to your work in many ways. Trademarks, patents, and copyrights offer protection to intellectual property owners. A trademark helps people find your goods and services. When recognized as a registered mark, it protects your right to exclusively use the image, logo, phrases, or words to distinguish your goods or services from others in the market.

patent safeguards ideas and inventions. It gives a creator or inventor exclusive rights that prevent other people from making, using, or profiting in any way from an invention or creative innovation without the consent of the inventor.

You cannot patent an idea alone (otherwise we’d all be doing it). You must materialize your concept into a tangible invention, innovative product, device, or process that offers new solutions to an existing problem.

Copyright protects all types of original published, performed, and printed creative works of art, literature, and music. It prevents people from using, reproducing, or distributing copyrighted works without the permission of the artist, author, composer, etc. Types of work covered by copyright protection include:

  1. a) artwork (2 or 3 dimensional),
  2. b) photographs, graphic drawings, and designs as well as other forms of creativity;
  3. c) songs, music, and sound recordings of all kinds;
  4. d) books, manuscripts, publications, and another written work; and
  5. e) plays, movies, shows, and other performance arts.

 

Trademarks, patents, and copyrights are all examples of ways you can protect your intellectual property. Your rights to control and benefit from your efforts are increasingly important in our global economy. Registering a formal claim to your property is a critical step in protecting what you own.

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What is the difference between TM, SM, ® and other symbols?

The symbol of a circled letter R after a trademark name or graphic image means that the preceding trademark has been registered. Various typographic symbols indicate copyrights and patents. The presence or absence of a symbol does not change the validity of the registration, but the best practice is to use circle‑R or circle‑C for copyrights every time you mention your intellectual property in print. These symbols give legal grounds for claiming damages in trademark litigation. The following is a list of some typical marks you can use on a web page, in written content, or even in a marketing letter.

  • TM: The TM or trademark symbol indicates an unregistered trademark for one of 34 different classes of products. Owners use this symbol to claim the preceding name or logo as the Trademark of their product.
  • SM: The SM or service mark symbol is similar to the TM symbol except it indicates a claim to a mark for a service (one of 11 classes of service) rather than a tangible product.
  • ®: Use the ® symbol once you’ve registered your trademark or service mark. It shows that the country authority has approved the registration.
  • ©: Use the © symbol to indicate copyrighted material. The copyright notice should appear on the material as Copyright © followed by the date the work was created, the copyright owner’s name, a period, and finally “All Rights Reserved.” Like this: Copyright © 2021, John Smith. All Rights Reserved. Use it whether the copyright has been registered or not.
  • Patent Pending: The phrase Patent Pending shows that you filed a patent application but cannot guarantee the application's approval.
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What are trademark classes?

Trademark Offices around the world use classes to divide commercial products and services into defined categories.  When you apply for your trademark to protect your brand, you must define the class or classes that you believe best describe your business activity. 

Countries around the world have standardized 45 classes (34 for products and 11 for services) for international use under the Nice International Classification.

These classes group all known products and services. If applicable, you can register the same trademark in more than one class; for example, you may register the trademark KING for computers in class 23 and register the same trademark in class 24 for cosmetics. 

Trademark protection only extends to commercial use within your specified classes.  It is, therefore, possible for two entities conducting business in different classes to use identical or similar trademarks and for each entity to enjoy full trademark protection in their respective classes. If you feel that protection should extend to include more than one class, you can choose multiple classes under which to conduct business.

You can search for your trademark class with this Trademark Class Search tool.

Trademark Search
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Why do I need to perform a trademark search?

Once you have a product or service and think you have a name for it, how do you know you can use it as your own? What happens if you unintentionally use a registered trademark name? 

Too many people use a name without knowing whether or not they have the legal right to do so. They organize massive marketing campaigns with names they later find they’re not allowed to use. Performing a comprehensive search before deciding which trademark to register is a wise thing to do, especially when you consider future risks of litigation.  

It is a good idea to carry out some research before starting to do business with a trademark. It may not be in your best interest to use a mark if another company is already actively conducting business in the same class.  The other company may object to you using the trademark and legally prohibit you from doing so.

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Do I need an Attorney to perform a Trademark Search?

No, you don’t, but if you have little or no experience dealing with trademarks, we suggest you seek professional help. Our company offers a Comprehensive Trademark Study service. The Study gives you details of the classes in which you might want to register your trademark; it also lists identical and similar trademarks, and finally, you get an Attorney's recommendation about registration possibilities and use of your trademark.

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Where can I perform a trademark search?

If you know a little about trademark registration, you can search using any online trademark search tool. If not, we recommend that you hire a trademark attorney or trademark service like Nominus.com to handle your trademark registration requirements, especially the trademark search because the process is complex and relatively time consuming.

Please note that if you don’t manage to complete the application process correctly, the registration can drag on for several months and end up costing far more than you intended to pay. The trademark search is a critical part of the process.

A broad trademark search is essential in today's marketplace, given the increasing number of unregistered and common law trademarks. Globalization also raises the question of entering international markets and registering trademarks in foreign countries to protect both your brand and your property rights.

Please note that even a completed comprehensive trademark search does not necessarily guarantee your trademark will be accepted and registered. A  Comprehensive Trademark Study includes an extended review process and, more significantly, a formal evaluation of the likelihood that your application will be successful.

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