Because Estonia is a “first to file” country, trademark registration is required to get rights to a trademark. Unregistered trademarks can only be protected in rare circumstances. Applications for trademarks must be submitted with the Estonian Patent Office (EPA).
Because Estonia is a member of the European Union, European Union Trademarks (EUTM) are protected in this country. It is also a Madrid Protocol member state. As a result, this country can use the Madrid System to extend an international trademark registration.
Filing requirements
To receive a filing date, the Estonian Patent Office requires the applicant’s name and correspondence address, a list of goods and/or services, and a representation of the trademark.
The Power of Attorney’s Requirements
The patent attorney is considered to have the right of representation without the need for a power of attorney. The Patent Office, on the other hand, may request that the Power of Attorney be provided. It must be submitted within two months after the request in this instance.
Priority document‘s Requirements
A certified copy of the priority document must be submitted within three months after submitting the application if priority is claimed.
Examination, publication, and opposition to a trademark application
Trademark applications are examined for adherence to formal requirements as well as the presence of any absolute factors for refusal or invalidity. The office does not perform any prior searches. After a successful examination, On payment of the appropriate fee, opposition to a trademark registration can be submitted within two months of the trademark publication.
Trademark validity term and renewal
There is no formal grant fee in Estonia. Trademark registration is valid for 10 years from the date of filing and can be renewed an unlimited number of times for the next ten years. The trademark registration can be renewed six months after the period of legal protection for the trademark has expired. A corresponding request, together with an additional fee, must be submitted. It is not possible to reinstate an expired trademark after the six-month term has passed.
Use requirement
On the premise that the trademark has not been used for five years following registration, any interested party may bring a cancellation action with the Board of Appeal.
Representation by a trademark attorney
To undertake activities for the legal prosecution and protection of a trademark, an agent, an Estonian trademark attorney, must represent a person who does not reside in Estonia.