Industrial design pertains to a two or three-dimensional exterior design of a product, which can be formed, either separately or in combination, from the shape, configuration, ornamentation, colours, texture and material of a product. It is also possible to register an exterior design of a product as an industrial design, but you can also protect a two-dimensional exterior design, e.g. a pattern of a cloth, design of a website, a logo etc.
The industrial design must be new and distinguishable and based on the ability to be produced industrially or artisanally.
It is possible to file for protection for one industrial design, its variants or a set of industrial designs.
Registering an industrial design in Estonia
To register an industrial design in Estonia, an application must be submitted to the Estonian Patent Office along with the reproductions of the industrial design. The application can be submitted online using the Estonian Patent Office e-services (in Estonian), or by filling out an industrial design registration application form, printed and delivered in person or sent to the Estonian Patent Office at Tatari 39, 15041 Tallinn.
Documents to be included with the application for registration of an industrial design:
- industrial design registration application;
- reproduction of the industrial design;
- power of attorney, if the applicants have chosen a common representative and not all applicants have signed the application;
- supporting documents of the declaration of priority, in cases where the priority is being applied for.
For a registration of an industrial design to be assessed, a state fee in the sum of EUR 105 must be paid if submitted by a legal person and EUR 26 if submitted by a natural person. For applications containing variants of an industrial design, an additional fee of EUR 26 must be paid for each subsequent variant starting from the third variant.
When paying the state fee, a unique reference number must be used, which the applicant receives via email from the Estonian Patent Office immediately after submitting the application. Should the state fee be paid without providing the unique reference number, the information regarding the state fee payment must be submitted to [email protected].
When applying for the legal protection of an industrial design, a formal registration system is used in Estonia. This means that the Estonian Patent Office examines the compliance of any formal requirements when registering an industrial design, but does not examine the industrial design as to its novelty, individual character, industrial or handicraft applicability, nor that the person filing the application has the right to do so. The applicant is responsible for the compliance of these requirements.
The rights of the owner of a registered industrial design are valid for five years. This validity can be extended for a period of five years, every five years, for a total period of 25 years by paying a fee.
Procedures relating to the registration of an industrial design can be performed by an applicant or a patent attorney. A person with no residence, seat, or commercial or industrial enterprise operating in Estonia must authorise a patent attorney as a representative, except when applying for the registration of an industrial design.
More information on submitting an application for the registration of an industrial design and its procedures can be found on the Estonian Patent Office website.
Protecting an industrial design in EU Member States
If you operate in more than one EU Member State, we recommend applying for a registered Community design. A European Union trade mark provides legal protection in all EU member states. An application for a registered Community design can be submitted to the European Union Intellectual Property Office (EUIPO).
More information about the protection of intellectual property in EU Member States can be found on the portal Your Europe.
In addition to registered Community designs, unregistered Community designs are also protected in the EU. Protection is guaranteed for an industrial design disclosed for the first time in the territory of the EU and is valid for three years from the moment of disclosure.
Registering an industrial design abroad
There are three ways to register an industrial design in a foreign country:
- submit an application for the registration of an industrial design to the patent office of the relevant country;
- register the industrial design according to the Geneva Act of the Hague Agreement via the World Intellectual Property Organisation (WIPO) by applying to either the Estonian Patent Office or directly to the International Bureau of the WIPO. The application may be in English, French or Spanish and can be submitted in paper format or electronically;
- register the Community design throughout the whole of the EU.