Trademark Registration in Estonia

A trademark is valid for 10 years from the official registration. Trademark owners must indefinitely renew their trademark for 10 consecutive years.

The fee for filing a trademark in Estonia is EUR 145. There is an additional charge for goods or services up to 2 classes and more.

The Trade Marks Act of 1992 is the primary legislation that provides rules and regulations for implementing trademark registrations in Estonia. It follows the relevant European Union (EU) Directives to harmonize trademark functionality in 27 EU Countries.

The Patent Office (PO) is the primary trademark agency that enforces trademark rights through registrations, renewals, reinstatements, and cancellations.

The four main categories of Estonian trademarks include individual, service, collective, and certification marks.

The applicant must submit a complete trademark registration application with identification details, a list of goods and services as per the Nice Classification (NCL), a copy of the corporate formation certificate, if applicable, priority documents, if any, a power of attorney (POA) if any, and a descriptive summary of the trademark with a print representation.

The Estonian trademark registration starts with a trademark search followed by application submission, examination, publication for oppositions, and finally ends with the grant of a trademark registration certificate.

The Patent Office (PO) takes 16 to 24 weeks to complete the entire Estonian trademark process. The PO might take a little longer than the usual schedule to approve a trademark in case of third-party oppositions.

Individuals and corporations are eligible to acquire a trademark in Estonia. However, foreign applicants must hire a trademark attorney to represent themselves before the Patent Office (PO).

Yes, all trademark owners must renew their trademark during the last year of the ongoing registration term with the Patent Office (PO).

Yes, the Patent Office (PO) provides a 6-month grace period after the expiration of the current 10-year trademark registration period with additional surcharges.

No, Estonia trademark holders seeking trademark protection in the European Union (EU) must file a separate application with the European Union Intellectual Property Office (EUIPO).

Estonian trademark law doesn’t allow the conversion of the Estonian trademark into a European Union (EU) trademark. However, applicants looking to expand their business in the EU must make a fresh application with the EU trademark authority.

All businesses with a specific brand identity must acquire a trademark in Estonia. Some businesses include e-commerce applications for grocery shopping, online clothing sectors, courier and freight services, restaurant franchises, and consultancy firms.

Yes, the Trade Marks Act of 1992 entitles the Estonian trademark authority to revoke a trademark registration if the owner fails to renew after the expiration of the current registration term and use the trademark for 5-successive years after the registration.

Estonian trademark law states that it may reinstate a trademark registration if the applicant carefully demonstrates, fulfills, and satisfies the specific eligibility criteria for trademark reinstatement policy.

The Estonia trademark applicant must claim priority based on a previous application or registration of another country that is a member of the Paris Convention, World Trade Organization (WTO), or a foreign country that has an agreement with Estonia, provided that the applicant files the previous application or registration as the first filing of the trademark in the foreign country and must claim the priority within the six-months of the previous trademark registration.

Estonian trademark owners who wish to extend their trademark in the global market must file a single application through the Madrid protocol of the World Intellectual Property Organization (WIPO) in 131 countries.

Trademark owners can file a lawsuit before the Harju County Court. The applicant must appeal before the relevant circuit or supreme court if the applicant feels aggrieved by the county court's decision.

The Estonian trademark law doesn’t mandate a trademark attorney for the purposes of trademark registration in Estonia. However, we highly recommend a lawyer because they streamline the tiresome process by providing expert legal guidance, conducting preliminary trademark searches, and proofreading the registration application before you make an application with the Estonia trademark agency.

Individuals and companies are eligible to file an opposition against a trademark registration in Estonia. The third parties may include previous Estonian trademark owners, competitors, and the general public.

Third parties may file oppositions based on similar trademark registrations, probable confusing brand marks, infringement of a well-known trademark, deceptive trade mark with intent to mislead the public, conflict with Estonian laws, and lack of distinctness.

Foreign individuals and businesses without a residence or business establishment in Estonia must submit a power of attorney before the Patent Office (PO).

The Patent Office (PO) sends an automated notification reminder via email within the last six months and the day after the expiration of the ongoing 10-year registration period.