| Step number | Step corresponding information |
| step 1 | Prepare your design application (each application may include only one design). – Your illustrations must present an accurate and complete picture of your design. – The illustrations may therefore include a series of views of the product which the design is applied to. – The application for the registration of an industrial design shall be filed with the Estonian Patent Office. – Registration applications may be filed with the Patent Office in person or by post. – Registration documents must be submitted in typewritten form. – A person who applies for industrial design registration may perform procedures relating to the registration of a design either by himself or through Estonian patent attorneys. – A person with no residence, seat, commercial or industrial enterprise operating in Estonia must authorise a patent attorney to perform acts related to the legal protection of industrial designs. – Registration applications must be filed in Estonian. |
| step 2 |
You prepare and file an application form. Registration application form is available at the Estonian Patent Office or can be printed out at the application forms web page.The registration application may cover a single industrial design, variants of one industrial design or a set of industrial designs. The Registration application comprises of the following documents: – a request for the registration of an industrial design (in a single copy) – the reproduction of an industrial design (in two original copies) – documents certifying payment of the state fee: – the power of attorney if the registration application is filed through an Estonian patent attorney – documents certifying priority if priority is claimed. |
| step 3 | We will send you a receipt for your application. |
| step 4 | We will examine your application within 2-3 months of reciept. In case of registration system, a patent office shall not determine the novelty, individual character or industrial applicability of industrial designs, or the right of the applicant to file a registration application. The patent office shall only examine the compliance of the registration application (the formal and substantive requirements and filing dates of the application, etc.) with the formal requirements for applications. |
| step 5 | We publish EE registered designs quarterly in The Estonian Industrial Design Gazette (paper publication since August 1998, electronical since January 2003). This provides an opportunity for anyone to challenge the validity of registered designs. |
| step 6 | We normally register applications within about three to four months.We will send you a Registered Design certificate. |
| Step | Fees (€) | Comments | |
| Standard Filling Fees | 102 | ||
| Filling Fees with reduced fees | 26 | Filing fee is reduced if the applicant is a natural person (or all applicants are solely natural persons) | |
| Standard Additionnal class fees | 26 | Additional fee per variant starting from the third variant. The fee shall be paid upon filing of a registration application containing variants of an industrial design per variant starting from the third variant | |
Defensive Actions
Nullity Action (declaration of invalidity)
General information
Who can file an application for declaration of invalidity of my design?
An interested person who finds my design does not comply with the registration requirements (design must be new, have an indvidual character and may be used for manufacturing industrial or handicraft products) can file an application for declaration of invalidity of my design. An interested person can request ceasing design rights if during one year from the deletion of the company from the commercial register no written request is filed for the making of an entry on the transfer of the industrial design in the register.
Can I file an application for declaration of invalidity of someone else’s design?
I can file an application for declaration of invalidity of someone else’s design if the ground of cancellation exists.
Are there specific deadlines/timeframes which I have to observe in connection with an application for declaration of invalidity?
There is no deadline for declaration of invalidity if the registered design does not fulfill the registration requirements (it be filed even after the expiring the validity of the registration). The request of ceasing design rights on the ground of deleting the company from commercial register is possible if during one year from the deletion from the commercial register no written request is filed for the making of an entry on the transfer of the industrial design in the register.
Signpost
Proactive Measures
Action under competition law
Action for damages
Customs Seizure
General information
What does customs seizure mean?
Custome seizure means blocking the entry into the Community and the export and re-export from the Community of goods infringing intellectual property rights.
How to proceed
What initial steps are necessary?
The holder of intellectual property rights must apply applications for customs action to Tax and Customs Board.
Signpost
Instruments
Preservation of Evidence
A colour icon describes the complexity of each question as follows:
Low
Medium
High
| Tool Name | information about the Tool |
| Industrial Design Registration Application Form (pdef file) | www.epa.ee |
| Hague Forms | www.wipo.int |
| Community Design Application | www.oami.europa.eu |
The term of validity of the registration shall be five years from the filing date of the registration application. The registration may be renewed for a period of five years up to a total term of twenty-five years from the filing date of the application. A state fee shall be paid for the renewal of the term. All fees are in Euros.
| Fee | Description | |
| 1th year | 0 | The first five year period is covered by the filing fee. |
| 5th year | 127.82 | 2nd five year period fee – could be paid 6 month before the end of the 5th year |
| 10th year | 255.64 | 3rd five year period fee – could be paid 6 month before the end of the 15th year |
| 15th year | 255.64 | 4th five year period fee – could be paid 6 month before the end of the 20th year |
| 20th year | 255.64 | 5th five year period fee – could be paid 6 month before the end of the 20th year |
| Year | Standard fees (€) | Reduced fees (€) | Comments |
| 5 | 128 | ||
| 10 | 256 | ||
| 15 | 256 | ||
| 20 | 256 |