Registration and protection of trade marks
- International classification of goods and services
- Registration of a trade mark in Estonia
- Registration of a trade mark abroad
- Trade mark registration expenses
Registration of a trade mark provides legal protection that prohibits the rights of other companies and individuals to use a trade mark identical or similar to yours to designate the same or similar goods and services. Upon registration you will obtain the exclusive right to use the registered trade mark.
Legal protection of trade marks The scope of legal protection of a trade mark is determined by the classes of goods and services in which you protect the trade mark. The owner of a registered trade mark is obliged to use it to designate the goods and services specified in registration. If your trade mark is not used for five years without good reason, an interested person may contest the exclusive right in the court and you may lose your exclusive right to use it.
The international classification of goods and services is used to protect trademarks. This is an international agreement that is valid in Estonia and as a result you will have to specify the category of goods and services to which your trademark belongs. It is not expedient for you to protect your trademark in all categories but only in the ones related to your company’s activities.
Before filing an application for registration of the trade mark, find out which classes your goods and services belong to.
Applications for registering a trade mark should be submitted to the Estonian Patent Office either to the Receiving Department or online via the e-services of the Patent Office. An application for registration of a trade mark should be submitted separately for each trade mark.
The application should be submitted in the appropriate form, the required additional documents should be filed and the state fee should be paid.
There are three possibilities to register a trademark in foreign countries:
- file the application for registration of a trade mark with the national patent office of the relevant country;
- register the trade mark under the Protocol Relating to the Madrid Agreement;
- to register a Community trade mark (CTM) and legal protection on the territory of the EU.
The cost of trade mark registration depends on the number of classes of goods and services in which you wish to protect the trade mark. At filing the application the state fee for the first class of goods or services is 145 euros. 45 euros should be paid for each additional class. 45 euros should be paid for entering the trade mark into the register.