In addition to the business name, a company (or a natural person) can also register trade marks in its name. The primary function of trade marks is to distinguish the goods and services of a specific person from the goods and services of other persons (including competitors).
For example, words, numbers, images, and spatial objects or their combinations thereof can be protected as a trade mark. It is also possible to protect sound, motion, multimedia, pattern, position, and hologram trade marks. Once you have developed a trade mark, it is also possible to register it at the Patent Office or the European Union Intellectual Property Office to secure the exclusive right to use this trade mark against all other persons.
Distinctiveness of a trade mark
One of the important aspects when choosing a trade mark is its distinctiveness from other trade marks in the same field. Before applying for a trade mark, check whether an identical or similar trade mark has been registered or submitted for registration as a trade mark in the same field of activity in Estonia or the European Union (or in another territory where you want protection for your trade mark).
If the field of activity (provided goods or services) overlaps, the person who first protected the trade mark or submitted it for protection has the priority right to the trade mark. If the field of activity overlaps, the trade mark may not be an identical or similar business name of another company. As the purpose of a trade mark is to differentiate the products/services offered by one person from those of competitors, the trade mark can be memorable, effective, and/or easy to understand for customers.
Verification of a trade mark
You can check whether the desired trade mark is still available in the electronic database of the Patent Office. As legal protection applies in Estonia to all trade marks protected in the European Union, we recommend checking both the local database and the pan-European database of the European Union Intellectual Property Office.