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:
- Trade dress
- Shapes (having 3 dimensions)
- 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:
Examination – The trademark authorities will examine the application based on these elements:
- Bad faith
- Conflict with an earlier registration
- 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
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
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.
Does having a registered trademark in Estonia afford me any right?
Legal protection and ownership rights to a trademark are obtained only through registration.
What is the web address of the trademark national office?
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.
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
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.
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
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
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.
Is Estonia a member of the Madrid System?
Yes. Estonia signed the Madrid Protocol registration system.
Do I need to present periodic statement of use?
No, it is not a requirement.
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.
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 there any documentation that should be presented when renewing a trademark?
A power of attorney is necessary to renew a trademark.
If my trademark expires, do I have a grace period?
After the expiration date, the trademark is still renewable within 6 months.
What is a trademark?
A trademark identifies products and services in order to distinguish them in the market. The name, the verbal element, is not the only component that distinguishes a trademark; figurative elements such as logos, design, images, colors and sounds also create an identity that can be protected through 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 symbol to show that the trademark has been filed at the trademarks office and is still undergoing the registration process.
SM Some countries use this symbol to show that the service mark has been filed at the trademarks office and is still undergoing the registration process.
What is the difference between a trademark, patent and copyright ?
There are many ways to lay claim to your work. Trademarks, patents, and copyrights offer protection for owners of intellectual property. 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 a service in the market.
A 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 because we all have them. You must materialize your concept into a tangible invention, innovative product, device, or process that offers new solutions to a problem to secure a patent.
Copyright protect published, performed, or printed creative works. People who produce artistic or musical work seek to protect their “right” to stop others from “copying” what they do. Copyright protection protects any original creative works of authors including:
- a) artwork (2 or 3 dimensional),
- b) photographs, graphic drawings, and designs as well as other forms of creativity;
- c) songs, music, and sound recordings of all kinds;
- d) books, manuscripts, publications, and another written work; and
- e) plays, movies, shows, and other performance arts.
A trademark, patent, or copyright are all examples of ways you protect your intellectual property. Your right 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.
What is the difference between TM, SM, ® and other symbols?
You recognize a registered trademark by the symbol of a circle-R following the trademark name or graphic image. Various typographic symbols show copyrights and patents. The presence or absence of a symbol does not change the validity of the registration, but a best practice is to use a 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 sign shows the brand name for an unregistered trademark classified as a product (classes 1 to 34). The owner uses this sign to mark what they believe is their brand mark.
- SM: The SM sign is identical to the TM sign except it designates a service mark (classes 35 to 45).
- ®: ®: Use the ® symbol once you register a trademark or service mark. It shows that the country authority has approved the registration.
- ©: Use the © symbol to mark a copyright. The word copyright is substitute sign for Follow it with the year of the publication and owner's name. Use it whether the work has obtained copyright registration or not.
- Patent Pending: The phrase Patent Pending shows that you filed a patent application but cannot guarantee the application's approval.
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 are best describe your business activity.
There are 45 classes – 34 for products and 11 for services – which countries from around the world have standardized for international use under the "Nice International Classification".
These classes group all known products and services. You can register the same trademark if there are similar classes, for example, you may register the trademark KING for computers in class 23, and you can also register the same trademark in class 24 for cosmetics.
Trademark protection only extends to commercial use within your specified classes. It is possible, then for two entities conducting business in different classes to use the identical or similar trademarks and for each entity to enjoy full trademark protection in their respective classes. You can choose multiple classes under which to conduct business if you feel the protection must extend beyond only one class.
You can perform a search of your class with the following tool Trademark Class Search
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? In the United States, under what common law, people can lay claim to a mark if they use it. It is not necessary to formally register a trademark. This fact and the sovereignty states have over the creation of chartered business entities and trade names, makes a trademark search imperative before one spends time and money registered a trademark.
Too many people use a name without knowing if they have legal coverage, and they put up big marketing campaigns with names that later they find they cannot use. Performing a Comprehensive Search Study before you decide to register your brand mark is a wise decision especially when you consider future risks of litigation.
It is a good idea to conduct a Study before you start doing 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. That company may be able to object to your use of the trademark and prohibit you from using the mark in a court of law.
What is a preliminary trademark search?
Your preliminary trademark search is an important first step before you spend time and money considering whether to apply for a potential trademark or not.
If you have trademark experience, you can use free online resources like our Trademark Searchengine, or the Trademark Electronic Search System(TESS) offered to the public by the US Patent and Trademark Office(USPTO) to search for existing marks that are identical to your planned trademark. While preliminary trademark searches are a critical part of your registration process, a successful search that show no conflicts with identical marks does not necessarily mean the Trademark Office will not reject your registration application.
if you have little or no experience dealing with trademarks, we suggest you find a professional help. Our company offers the offers the service Trademark Comprehensive Study. The Study will give you details about the classes where might want to register your trademark, it will also list of identical and similar trademarks, and finally it will provide you an Attorney's recommendation about registration possibilities and use of your trademark.
How do I perform a trademark search?
First, we recommend your start by defining the class you want to register. You can find your class, using our Trademark Class Search tool. Using this tool you enter your product/service, and it will tell you the class or classes you should register.
After you have found your class(es), you can go directly to your country's Trademark Office and perform the search there. You can also try our Trademark Search engines.
When searching, try different combinations of your name. For example, if you are searching for AMAZON, look for AMASON, HAMAZON, or similar word patterns. Try several different combinations of words and spellings.
Notice that several countries do not have online trademarks databases. You must go to local Trademark Office and ask for a list of trademarks.
Trademark Search may be challenging and time-consuming and, if you do not have the time or experience, our company offers the service Trademark Comprehensive Study. The Study will give you details about the classes where you might want to register your trademark, it will also include a list of identical and similar trademarks, and finally it will provide you an Attorney's recommendation about registration possibilities and use of your trademark.
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 find a professional help. Our company offers the offers the service Trademark Comprehensive Study. The Study will give you details about the classes where might want to register your trademark, it will also list of identical and similar trademarks, and finally it will provide you an Attorney's recommendation about registration possibilities and use of your trademark.
Where can I perform a trademark search?
If you have some knowledge about trademark registration, you can search using our Trademark Search engine. If not, we recommend hiring a trademark attorney or trademark service like Marcaria.com to handle your trademark registration requirements, especially a trademark search because the entire process is complex and takes time.
Notice that if you do not complete the application process carefully, the registration process could be extended many months and cost 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 marks. Globalization of markets also raises the question of entering international markets and registration of marks in foreign countries to protect your brand and your property rights.
You need to understand that even a completed comprehensive trademark search does not guarantee acceptance and registration of your mark. A Marcaria.com Trademark Comprehensive Study includes a more extensive review process and, more significantly, a formal opinion estimating the probability of your application's acceptance.