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Estonia (EE)

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Apr 25, 2019 (Newsletter Issue 6/19)
New Online Features Released
The Estonian Patent Office (EPA) has released enhanced features on its Back Office and Front Office systems for filing trademarks online.

The implementation went live on April 1, 2019, coinciding with the date when the amendments to the Directive harmonising trademark law in the EU Member States entered into force in Estonia.


Source: www.euipo.europa.eu

Apr 25, 2019 (Newsletter Issue 6/19)
Trademark Act Changed
The Estonian Parliament (Riigikogu) passed The Act on Amendments to the Trademark Act which entered into force on April 1, 2019. The Estonian trademark procedure is harmonised with the Directive (EU) No. 2015/2436.

The most important changes include:
- Acceleration of the trademark registration as the Patent Office no longer searches for the existence of similar rights (trademarks, trade names).
- Abolishing the requirement of graphical depiction of trade marks in the existing law
- Simplifying the protection of non-traditional trademarks, such as sound, multimedia and hologram marks, eliminating the examination for relative grounds for refusal during the registration of trade marks in the Patent Office
- Amending the structure of the Industrial Property Board of Appeal to ensure faster and more effective dispute resolutions
- Extending the competence of the Industrial Property Board of Appeal by transferring it from under the Ministry of Justice to under the Patent Office

Also, with effect from April 15, 2019, the Patent Office issues trademark certificates and industrial design certificates electronically only.

For further information, please check the article of our Country Index partner, Metida Law Firm here

Please note that the amendments have been included and the Estonian survey has been updated thanks to our contributor Patendibüroo TURVAJA OÜ, Estonia.


Source: www.metida.com; www.ficpi.org; www.epa.ee

Apr 04, 2019
IP Office Will Not Accept Merger Request of Intl. Registration
Estonia has notified WIPO in accordance with new Rule 27ter(2)(b) of the Common Regulations under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement (the Common Regulations), which entered into force on February 1, 2019.

In the said notification, the IP Office has declared that its law does not provide for the merger of registrations of a mark and that, as a result, its Office will not present to the International Bureau of WIPO requests for the merger of international registrations resulting from division under new Rule 27ter(2)(a).

For further information, please click here


Source: www.wipo.int

Mai 31, 2016 (Newsletter Issue 10/16)
Databases of Trademarks and Designs Updated
On May 27, 2016, the Estonian Patent Office provides an updated platform on the databases of trademarks and industrial designs. The Office informs that these databases will be regularly updated.

Source: www.epa.ee


Feb 25, 2015 (Newsletter Issue 3/15)
Official Fees Changed
On December 10, 2014, the Estonian Parliament adopted amendments to the State Fees Act, which, among other things, amends the official fees applied by the Estonian Patent Office.

According to the new State Fees Act, all official fees below EUR 100 were rounded up to the nearest Euro (e.g. EUR 31.95 rounded up to EUR 32.00), while all official fees above EUR 100 were rounded up to the nearest EUR 5 (e.g. 140.60 rounded up to EUR 145.00).

The new official fee for filing a trademark is EUR 145 for one class and EUR 45 for each additional class. The registration fee is EUR 45.

The new fees entered into force on January 1, 2015.

Source: www.petosevic.com


Sep 16, 2014 (Newsletter Issue 14/14)
Official Gazettes Soon Published Electronically
The Estonian Paten Office announced on its website that the official gazettes will be published electronically only starting from 1 December 2014 according to Regulation no 26 of the Estonian Ministry of Justice.

Estonian Trade Mark Gazette and Estonian Industrial Design Gazette will be published on the first working day of each month. Estonian Patent Gazette and Estonian Utility Model Gazette will be published on the 15th day (or the first working day after that) of each month.

Source: www.epa.ee


Jul 05, 2010 (Newsletter Issue 12/10)
Domain Name Registration Loosened
The Estonian Internet Foundation has loosened the restrictive registration rules of domain name registration effective by July 5th, 2010.

The new domain regulation will make the .ee ccTLD significantly more accessible: private individuals and foreigners will be able to register .ee domain. One person can register multiple domains.

For more information please click here


Legal basis is the Trademark Act of May 1st, 2004, last redaction entered into force April 1, 2019.
Estonia is a member of the Madrid Protocol since November 18th, 1998. Since May 1st, 2004, Estonia has been a member of the European Union.
Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.
Trademarks which were protected in the former Soviet Union enjoy protection in Estonia only if they were re-registered within the period stipulated.
Nice classification, the 2019 version of 11th edition
All signs capable of being presented in the register in such a way as to enable the competent authority and the public to ascertain the clear and precise scope of trademark protection can be protected as trademarks, e.g. words, names, acronyms, letters, numbers, devices, emblems, combinations of colours, 3-D marks, sound marks, multimedia, hologram or motion marks.
The following trademark types are registrable: trademarks, service marks, collective marks, certification marks, trade names and titles of establishment.
Protectable non-traditional trademarks: combinations of colours, 3-D marks, sound marks, multimedia, hologram or motion marks.This list may be not be exhaustive.
The application is filed at the Patent Office.
Multiple-class applications are possible.
According to §13 (2) of the amended Law, a person with no residence, seat or commercial or industrial enterprise operating in Estonia shall authorise a patent attorney as the person’s representative to perform procedures related to trade marks at the Patent Office and at the Board of Appeal, except the filing of an application.
A Power of Attorney is normally not required. In case of doubts about the existence of the right of representation, the Patent Office or the Board of Appeal will be entitled to request the patent attorney to submit a power of attorney. The power of attorney shall be submitted within two months after the request.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination and an examination on absolute grounds, there is no examination on relative grounds.
Signs not deemed distinctive in the examination can be registered if distinctive character has been acquired by use.
Before registration, a notice concerning a decision to register a trademark is published in the official Gazette (Eesti Kaubamärgileht.
The processing time from first filing to registration is approx. 6 to 8 months.
The first office action is taken after approx. 6 months. The registration of a trademark is published as well.
National:
The opposition period at the Board of Appeal is 2 months from publication date of the notice concerning a decision to register a trademark.

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
A trademark registration is valid for 10 years from the application date. The registration is renewable for periods of 10 years.
There is a grace period of 6 months starting from expiration date of the trademark.

Further practical details are available in our publication on this topic here
If the trademark has not been used within 5 years from registration, it may be subject to cancellation. Trademarks cannot be cancelled on the basis of non-use if the proprietor started to use the trademark after a 5 years period and more than 3 months prior to filing of the action.

Further practical details are available in our publication on this topic here
The official fee for filing a trademark application is EUR 145 for one class and EUR 45 for each additional class. The official fee for filing an application for registration of a collective or a certification mark is EUR 195 for one class and EUR 45 for each additional class. No registration fee is anymore applicable since April 1, 2019.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
Apr 24, 2019
Turvaja OÜ Patendibüroo, Tallinn, Estonia

Jan 24, 2019
Turvaja OÜ Patendibüroo, Tallinn, Estonia

Mrz 22, 2017
Turvaja OÜ Patendibüroo, Tallinn, Estonia

Mrz 22, 2016
Turvaja OÜ Patendibüroo, Tallinn, Estonia

Nov 18, 2014
Turvaja OÜ Patendibüroo, Tallinn, Estonia

Jul 01, 2013
Turvaja OÜ Patendibüroo, Tallinn, Estonia

Jun 26, 2013
Käosaar & Co, Tartu, Estonia

Jan 02, 2012
Käosaar & Co, Tartu, Estonia

Okt 08, 2010
Turvaja OÜ Patendibüroo, Tallinn, Estonia



The Estonian Patent Office
Toompuiestee 7
15041 Tallinn
Estonia
Tel +372 627 79 00
Fax +372 645 13 42
Mail patendiamet@epa.ee
www.epa.ee

European Union Intellectual Property Office (EUIPO)
Avenida de Europa, 4
03008 Alicante
Spain
Tel +34 965 139 100
Fax +34 965 131 344
Mail information@euipo.europa.eu
www.euipo.europa.eu


World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int