Nov 19, 2020 (Newsletter Issue 19/20)
Back Office System Enhanced
On November 4, 2020, the Estonian Intellectual Property Office (EPA), with the support of the EUIPO’s European Cooperation Projects (ECP2), has implemented an enhanced back office system.
The upgrade is mainly designed to enhance the user experience with the visualisation of the process of proceedings, partial claims and formalities in order to increase users’ efficiency and operational effectiveness.
Source: www.euipo.europa.eu
Jun 20, 2019 (Newsletter Issue 8/19)Madrid E-Filing Service ImplementedThe Estonian Patent Office informs that trademark owners can now submit an international e-application under the Madrid Protocol, provided that they already have an Estonian national application or registration for the same trade mark. The application is submitted to the Estonian Patent Office, which will forward it to the World Intellectual Property Organization (WIPO) after the examination and, if necessary, correction of the application.
If an international application is filed, fees must be paid to WIPO (see Fee Calculator) and to the Estonian Patent Office (see trade mark fees).
To access the Madrid e-filing service, please click hereSource: www.epa.ee Apr 25, 2019 (Newsletter Issue 6/19)
New Online Features Released
The Estonian Patent Office (EPA) has released enhanced features on its Back Office and Front Office systems for filing trademarks online.
The implementation went live on April 1, 2019, coinciding with the date when the amendments to the Directive harmonising trademark law in the EU Member States entered into force in Estonia.
Source: www.euipo.europa.eu
Apr 25, 2019 (Newsletter Issue 6/19)Trademark Act ChangedThe Estonian Parliament (Riigikogu) passed The Act on Amendments to the Trademark Act which entered into force on April 1, 2019. The Estonian trademark procedure is harmonised with the Directive (EU) No. 2015/2436.
The most important changes include:
- Acceleration of the trademark registration as the Patent Office no longer searches for the existence of similar rights (trademarks, trade names).
- Abolishing the requirement of graphical depiction of trade marks in the existing law
- Simplifying the protection of non-traditional trademarks, such as sound, multimedia and hologram marks, eliminating the examination for relative grounds for refusal during the registration of trade marks in the Patent Office
- Amending the structure of the Industrial Property Board of Appeal to ensure faster and more effective dispute resolutions
- Extending the competence of the Industrial Property Board of Appeal by transferring it from under the Ministry of Justice to under the Patent Office
Also, with effect from April 15, 2019, the Patent Office issues trademark certificates and industrial design certificates electronically only.
For further information, please check the article of our Country Index partner, Metida Law Firm here
Please note that the amendments have been included and the Estonian survey has been updated thanks to our contributor Patendibüroo TURVAJA OÜ, Estonia.Source: www.metida.com; www.ficpi.org; www.epa.ee Apr 04, 2019IP Office Will Not Accept Merger Request of Intl. RegistrationEstonia has notified WIPO in accordance with new Rule 27ter(2)(b) of the Common Regulations under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement (the Common Regulations), which entered into force on February 1, 2019.
In the said notification, the IP Office has declared that its law does not provide for the merger of registrations of a mark and that, as a result, its Office will not present to the International Bureau of WIPO requests for the merger of international registrations resulting from division under new Rule 27ter(2)(a).
For further information, please click hereSource: www.wipo.int May 31, 2016 (Newsletter Issue 10/16)Databases of Trademarks and Designs UpdatedOn May 27, 2016, the Estonian Patent Office provides an updated platform on the databases of trademarks and industrial designs. The Office informs that these databases will be regularly updated.
Source: www.epa.ee Feb 25, 2015 (Newsletter Issue 3/15)
Official Fees Changed
On December 10, 2014, the Estonian Parliament adopted amendments to the State Fees Act, which, among other things, amends the official fees applied by the Estonian Patent Office.
According to the new State Fees Act, all official fees below EUR 100 were rounded up to the nearest Euro (e.g. EUR 31.95 rounded up to EUR 32.00), while all official fees above EUR 100 were rounded up to the nearest EUR 5 (e.g. 140.60 rounded up to EUR 145.00).
The new official fee for filing a trademark is EUR 145 for one class and EUR 45 for each additional class. The registration fee is EUR 45.
The new fees entered into force on January 1, 2015.
Source: www.petosevic.com
Sep 16, 2014 (Newsletter Issue 14/14)
Official Gazettes Soon Published Electronically
The Estonian Paten Office announced on its website that the official gazettes will be published electronically only starting from 1 December 2014 according to Regulation no 26 of the Estonian Ministry of Justice.
Estonian Trade Mark Gazette and Estonian Industrial Design Gazette will be published on the first working day of each month. Estonian Patent Gazette and Estonian Utility Model Gazette will be published on the 15th day (or the first working day after that) of each month.
Source: www.epa.ee
Jul 05, 2010 (Newsletter Issue 12/10)Domain Name Registration LoosenedThe Estonian Internet Foundation has loosened the restrictive registration rules of domain name registration effective by July 5th, 2010.
The new domain regulation will make the .ee ccTLD significantly more accessible: private individuals and foreigners will be able to register .ee domain. One person can register multiple domains.
For more information please click here The legal basis is the Trademark Act of May 1st, 2004, last redaction entered into force on January 1, 2023.
Estonia is a member of the Madrid Protocol since November 18th, 1998. Since May 1st, 2004, Estonia has been a member of the European Union.
Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.
Trademarks that were protected in the former Soviet Union enjoy protection in Estonia only if they were re-registered within the period stipulated.
Nice classification, 12th edition 2023
All signs capable of being presented in the register in such a way as to enable the competent authority and the public to ascertain the clear and precise scope of trademark protection can be protected as trademarks, e.g. words, names, acronyms, letters, numbers, devices, emblems, combinations of colors, 3-D marks, sound marks, multimedia, hologram or motion marks.
The following trademark types are registrable: trademarks, service marks, collective marks, certification marks, trade names, and titles of establishment.
Protectable non-traditional trademarks: combinations of colors, 3-D marks, sound marks, multimedia, hologram, or motion marks. This list may not be exhaustive.
The application is filed at the Patent Office.
Multiple-class applications are possible.
According to §13 (2) of the Trademark Act, a person with no residence, seat, or commercial or industrial enterprise operating in Estonia shall authorize a patent attorney as the person’s representative to perform procedures related to trademarks at the Patent Office and at the Board of Appeal, except the filing of an application.
A Power of Attorney is normally not required. In case of doubts about the existence of the right of representation, the Patent Office or the Board of Appeal will be entitled to request the patent attorney to submit a power of attorney. The power of attorney shall be submitted within two months after the request.
Foreign applicants do not need a domestic registration.
The Patent Office's e-services portal provides users with a single sign-on option for filing trademark applications and recordal applications, including renewal applications.
The application process includes a formal examination and an examination on absolute grounds; there is no examination on relative grounds.
Signs not deemed distinctive in the examination can be registered if the distinctive character has been acquired by use.
Before registration, a notice concerning a decision to register a trademark is published in the Official Gazette (Eesti Kaubamärgileht).
The processing time from first filing to registration is approximately 4 to 6 months.
The first office action is taken after approx. 4 months. The registration of a trademark is published as well.
From April 15th, 2019 the Patent Office does not issue registration certificates on paper anymore. The trademark certificate will be granted in electronic form.
The Patent Office has developed an accelerated procedure e-service (application is filed electronically through e-service portal) for word marks, figurative marks, and shape marks. When applying for the accelerated procedure (without a priority claim), you must select goods and services from the harmonized database TMClass. The application must comply with all the substantive and formal requirements laid down in the Trade Mark Act Regulation. The processing time of accelerated procedure is from first filing to registration decision approximately 2-4 weeks. Two months opposition period also applies in case of an accelerated procedure.
National:The opposition period at the Board of Appeal is 2 months from the publication date of the notice concerning a decision to register a trademark.
Details regarding the
Opposition Period against designation of IR Mark are available in our publication on this topic
here
Trademark registration is valid for 10 years from the application date. The registration is renewable for periods of 10 years.
Trademarks registered on the basis of applications submitted before April 1st, 2019, are subject to legal protection from the date of filing of the trademark application and remain valid for 10 years after the date of registration.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official fee for filing a trademark application is EUR 145 for one class and EUR 45 for each additional class. The official fee for filing an application for registration of a collective or a certification mark is EUR 195 for one class and EUR 45 for each additional class. No registration fee is anymore applicable since April 1st, 2019.
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Practical details on trademark licensing are available in our publication
hereOnline you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
Trademark Licensing
If you like to purchase all available information for this country, click the order button.
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Jun 20, 2023
Turvaja OÜ Patendibüroo, Tallinn, Estonia