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.
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-months 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.
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.
Frequently asked questions
- Can I file a trademark application to Estonia by myself?According to the Estonian legislation, legal bodies and private entities of Estonia may file trademark applications by themselves, foreign applicants should obligatory be represented by trademark attorneys.
- What are the grounds for refusal in trademark registration in Estonia?A trademark is usually refused in registration based on absolute grounds, as well as based on objection against trademark registration filed by interested person in view of its similarity or identity with earlier trademark with same or similar goods/services, etc.
- How can I conduct a trademark search prior to filing an application?Please contact us to order a service of a preliminary trademark search.
- Can a multi class trademark application be filed in Estonia?Yes, according to the legislation of Estonia you may file trademark applications with indication of any desired number of classes of the Nice Classification. Still please note that the amount of official fees depends on the quantity of classes.
- What is the cost of a trademark registration?The cost of a trademark registration in Estonia depends on the number of classes in which the registration is required. Please contact us for more detailed information.
- What is a non-use cancellation?According to the legislation of Estonia, a third party may file a request for cancellation of a mark that has not been used by the holder for a consecutive period of five years after registration.
- How many times can a trademark be renewed in Estonia?Trademarks in Estonia may be renewed every 10 years as many times as needed upon payment of corresponding fee.
Please contact us for more information about trademark registration or quotation for filing and prosecution of a trademark application in Estonia.