Can I file a trademark application to Estonia by myself?

According to Estonian legislation, legal bodies and private entities of Estonia may file trademark applications by themselves. Foreign applicants must be represented by trademark attorneys.

What are the grounds for refusal in trademark registration in Estonia?

A trademark may be refused based on absolute grounds, as well as on objections filed by an interested person due to similarity or identity with an earlier trademark covering the same or similar goods/services.

How can I conduct a trademark search prior to filing an application?

Please contact us to order a preliminary trademark search.

What is the cost of a trademark registration?

The cost depends on the number of classes for which registration is requested. Please contact us for detailed information.

Can a trademark registration procedure be accelerated in Estonia?

Yes, an official accelerated procedure (fast-track) is available for electronic applications in Estonia, provided that the trademark meets specific requirements. It must be a word, figurative, or shape mark, contain no more than 60 terms from the pre-approved TMclass database, claim no priority, and omit color specifications for figurative/shape marks. If all conditions are met, the Patent Office processes the application on an expedited schedule.

What is a non-use cancellation?

A third party may request cancellation if the trademark has not been used for any consecutive five-year period after registration.

Can a multi class trademark application be filed in Estonia?

Yes, multi-class filing is allowed in Estonia. Please note that the amount of official fees depends on the number of classes.

How many times can a trademark be renewed in Estonia?

Trademarks may be renewed every 10 years an unlimited number of times upon payment of the corresponding fee.

TRADEMARK IN ESTONIA

Mikhailyuk, Sorokolat & Partners offers the full range of legal services related to trademarks in Estonia including trademark search, trademark registration, trademark renewal, recordal of assignment and license agreements, recordal of changes to applications and registrations, as well as representing clients in courts. We do our best to represent our clients' interests in the most efficient and cost-effective manner.

Requirements for trademark registration

According to the legislation of Estonia, legal protection is not afforded to trademarks which are identical or similar to an earlier trademark which has been afforded legal protection with regard to identical or similar goods/services.

In order to determine whether there are any similar or identical registered trademarks or filed trademark applications, it is possible to order a professional trademark search.

Free online trademark search in Estonia

Information and documents needed for filing

Name and address of the applicant;
Prints of the trademark;
List of goods and/or services in accordance with the Nice Classification;
Certified copies of priority documents, if priority is to be claimed (may be filed to the Estonian Trademark Office within three months from the filing date).

Trademark registration procedure

After the completion of filing, the Official Notification of the receipt of the application is issued within approximately 1 month. Then the Estonian trademark application undergoes substantive examination for about 5 months. On condition that the trademark meets the requirements of protectability the trademark is published for a two-month opposition period in the Official Bulletin. In absence of opposition the trademark is registered and the certificate is issued within approximately 1 month. In case the substantive examination finds any obstacles for registration, a provisional refusal in trademark registration is issued, which may be appealed within further 2 months.

The smooth trademark registration procedure takes approximately 9-10 months in Estonia.

Accelerated trademark registration in Estonia

It is possible to use the fast track option when filing the application electronically. This option is available only for trademarks that meet the following criteria:

Word, figurative (with verbal elements), or shape marks;
No priority claims;
No color specifications provided (for figurative/shape marks);
Maximum of 60 goods/services selected strictly from the pre-approved TMclass database.

If all criteria are met, the examination stage is shortened, accelerating the total registration timeline.

Foreign applicants must be represented by a registered Estonian trademark attorney

Possible oppositions and cancellation requests

Opposition period against trademark application in Estonia is 2 months from the publication date.

Interested parties may also file cancellation requests after trademark registration, namely:

cancellation based on relative grounds may be filed to Appeal Board of the TMO within 5 years after registration;
cancellation based on absolute grounds may be filed to Appeal Board of the TMO within the entire period of validity of the trademark;
cancellation based on non-use may be filed to Appeal Board of the TMO. The grace period is 5 years from registration.

Trademark validity and renewal

A trademark is valid for 10 years from the filing date and can be further renewed every 10 years. It is possible to apply for a renewal within 12 months before expiry of validity term. 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.

Please contact us for more information about trademark registration or quotation for filing and prosecution of a trademark application in Estonia.

Frequently asked questions

Can I file a trademark application to Estonia by myself? +

According to Estonian legislation, legal bodies and private entities of Estonia may file trademark applications by themselves. Foreign applicants must be represented by trademark attorneys.
What are the grounds for refusal in trademark registration in Estonia? +

A trademark may be refused based on absolute grounds, as well as on objections filed by an interested person due to similarity or identity with an earlier trademark covering the same or similar goods/services.
How can I conduct a trademark search prior to filing an application? +

Please contact us to order a preliminary trademark search.
What is the cost of a trademark registration? +

The cost depends on the number of classes for which registration is requested. Please contact us for detailed information.

Can a trademark registration procedure be accelerated in Estonia? +

Yes, an official accelerated procedure (fast-track) is available for electronic applications in Estonia, provided that the trademark meets specific requirements. It must be a word, figurative, or shape mark, contain no more than 60 terms from the pre-approved TMclass database, claim no priority, and omit color specifications for figurative/shape marks. If all conditions are met, the Patent Office processes the application on an expedited schedule.
What is a non-use cancellation? +

A third party may request cancellation if the trademark has not been used for any consecutive five-year period after registration.
Can a multi class trademark application be filed in Estonia? +

Yes, multi-class filing is allowed in Estonia. Please note that the amount of official fees depends on the number of classes.
How many times can a trademark be renewed in Estonia? +

Trademarks may be renewed every 10 years an unlimited number of times upon payment of the corresponding fee.