MIKHAILYUK, SOROKOLAT & PARTNERS offers the full range of legal services related to trademark registration in Estonia including trademark search, registration, renewal of a trademark certificate, preparing and recordal of assignment and license agreements, recordal of changes as well as representing clients before courts. We do our best to represent our clients' interests in the most efficient and cost-effective manner.
Overview of the trademark registration procedure in Estonia:
After the completion of filing, the Official Notification of the receipt of the application is issued within 3-4 months. Then the Estonian trademark application undergoes formal examinations. On condition that the trademark meets the requirements of protectability the trademark is published in the Official Bulletin. In absence of opposition the trademark is registered and the certificate is issued within 3-4 months.
The entire procedure of trademark registration in Estonia takes from 16 to 20 months.
Foreign applicants must be represented before the Office by a registered Estonian trademark attorney.
For filing a trademark application in Estonia we need:
- Name and address of the applicant;
- Prints of the trademark;
- List of goods and/or services in accordance with the international classification;
- Certified copy of priority document if priority is to be claimed (may be filed to the Estonian Trademark Office within three months from the filing date);
- Signed Power of Attorney, legalization is not required (may be filed to the Estonian Trademark Office within two months from the filing date).
Opposition period against trademark application in Estonia is 2 months from the publication date.
Grounds, institutions and terms for filing a cancellation after registration (issuance of the certificate):
1. Cancellation based on relative grounds may be filed to Court within 5 years after an interested party got aware about the use of the trademark;
2. Cancellation based on absolute grounds may be filed to Court within 5 years after an interested party got aware about the use of the trademark;
3. Cancellation based on non-use may be filed to Court. The grace period is 5 years from registration.
Trademark validity and renewal:
A trademark in Estonia is valid for 10 years from the date of the trademark application and can be further renewed every 10 years. In Estonia it is possible to apply for a renewal within 12 months before the deadline. There is also a 6-month grace period which allows applying for a renewal after the deadline upon payment of a stipulated fine. Reinstatement of a lapsed trademark (after expiration of a grace period) is not possible.
Required documents: signed and stamped Power of Attorney. The TMO issues an electronic document confirming renewal (no paper documents).
For more information about trademark registration in Estonia or quotation for filing and prosecution of the Estonian trademark application please contact us.