Estonia

• Application language

The application should be submitted in the Estonian language. Filing an application in a foreign language is also allowed, however, the translation into Estonian must be provided within 2 months.

 

• Application requirements

The following information should be indicated in a trademark application in order that the filing date could be established by the Office:

- the name and address of the applicant;

- the address for correspondence;

- list of goods and/or services;

- representation of the trademark.

 

• Multiple-Class applications

A trademark application can be filed in multiple Classes.

 

• Priority of an application

The priority claim (based on a previous trademark application filed in another country) can be filed, if applicable. In case the priority is claimed, a certified copy of the priority document must be submitted within 3 months from the date of filing an application. The Estonian translation of the priority document may be requested. An Estonian trademark application claiming the conventional priority can be filed within 6 months form the date of filing the prior application.

 

• Official filing fee

The state fee depends on the number of Classes of goods and services indicated in the application. The state fee for one Class of goods or services is 145 EUR and an additional fee of 45 EUR should be paid for each additional Class.

• Power of Attorney for a representative

Foreign applicants must be represented by a trademark attorney of Estonia. No Power of Attorney is required for filing a trademark application. However, if the Power of Attorney is requested by the Examiner, the document must be submitted within 2 months. No notarization or legalization is required.

 

• Examination procedure

Trademark applications are examined as to compliance with the formal registrability requirements. A notice about issuance of the registration decision regarding a trademark is published in the Estonian Trade Mark Gazette. An opposition against registration of a trademark can be filed within 2 months from the date of publication of the mentioned notice.

The examination procedure takes up approximately 8-10 months provided that no objections are raised.

Trademark protection in Estonia can be also be obtained via registration of a European Union Trademark.

 

• Validity term and renewal

A trademark is valid for 10 years from the filing date and can be renewed for another 10-year periods. A trademark renewal can be requested as early as 12 months before the expiration date. The legislation also stipulates the possibility of trademark renewal during the grace period of 6 months after expiration upon payment of the additional fee for reinstatement of the lapsed term.

 

• Use requirements

If a trademark has not been used in Estonia within 5 consecutive years from the registration date, any interested party has a right to file a cancellation claim to the court.

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• Useful links

Trademark Search Databases: Estonian Trademarks, EU Trademarks, International Trademarks.