| Step number | Step corresponding information |
| step 1 | Prepare your trade mark
|
| step 2 | An applicant may file a registration application with the Patent Office in person, by post, or by fax: whereas, in case the application is sent by fax, the original documents should be filed later. Registration documents must be filed in typewritten form (typed on a computer or typewriter). Each application may include only one trademark. A person who applies for a trademark registration may perform procedures relating to the registration of a trademark either by himself or through Estonian patent attorneys. A person with no residence, seat, or commercial or industrial enterprise operating in Estonia must authorise a patent attorney to perform acts related to the legal protection of a trademark. Registration applications must be filed in Estonian. |
| step 3 | Registration application form is available at the Estonian Patent Office or can be printed out from Internet. Registration application comprises of the following documents:
|
| step 4 | When trademark registration application is accepted by the Patent Office, a filing receipt including the application number is issued to the applicant. |
| Step | Fees (€) | Comments | |
| Standard Filling Fees | 141 | Apply one trademark in one class of goods or services | |
| Standard Additionnal class fees | 45 | For each additional class (according to the Nice classification) | |
| Standard Publication/Granting fee | 45 | Granted trademark will enter into the Estonian trademark register | |
Defensive Actions
Opposition
General information
Who can file an opposition against my trade mark?
An interested person can file an objection against my trademark if absolute or relative grounds (according to the Trade mark act) for refusal of registration of trade mark exist.
Can I file an opposition against a someone else’s trade mark?
An interested person may file an objection against a someone else’s trade mark if the ground of refusal of registration exists.
Are there specific deadlines/timeframes which I have to observe in connection with opposition proceedings?
The objection to the Industrial Property Board of Appeal must be filed within two months from the date of publication of the notice of the decision of Patent Office to register a trade mark. The decision of the Industrial Property Board of Appeal may be objected in the court within three months from the date of the decision of the Board of Appeal was published.
Who will take a decision on the opposition?
The decision on the objection will be taken by the Industrial Property Board of Appeal or by court.
Signpost
What signposts exist?
IP attorneys (Official Register of Patent Attorneys); Industrial Property Board of Appeal; Advocacy; Courts and Judges. In the Industrial Property Board of Appeal only; IP attorney can act as representative. In county court and circuit court IP attorney or advocate can be representatives. In Supreme Court IP attorney can be representative only together with an attorney at law.
Cancellation
General information
Who can file a request for the cancellation of my trade mark?
An interested person can request for the cancellation of my trade mark if the absolute or relative grounds (according to the Trade mark Act) for the cancellation of trade mark exist. The request for the cancellationion must be filed to the court.
Can I file a request for the cancellation of someone else’s trade mark?
An interested person may request for the cancellation of someone else’s trade mark if the absolute or relative grounds (according to the Trademark Act) for the cancellation of trade mark exist. The request for the cancellationion must be filed to the court.
Are there specific deadlines/timeframes which I have to observe in connection with a request for cancellation / cancellation proceedings?
The request to the court must be filed within five years after becoming aware of the later trade mark. This term does not apply if the application of the later trade mark was filed in bad faith. An interested person can demand ceasing trade mark right if the trade mark was not used during five consecutive years without a good reason.
Who will take a decision on the cancellation?
The decision on the cancellation will be taken by court.
Links
Limitation
General information
Who can restrict my trade mark rights?
An interested person can apply for restriction of trade mark rights to the court.
Can I restrict someone else’s trade mark?
I can restrict someone else’s trademark, filing the objection to the court.
Are there specific deadlines/timeframes which I have to observe in connection with limitation?
I have to observe deadlines concerning the cancellation proceeding.
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
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| Tool Name | information about the Tool |
| Trademark Registration Application Form (pdf file) | www.epa.ee |
| Madrid Protocol Forms | www.wipo.int |
| European Community Forms | www.oami.europa.eu |
| Year | Standard fees (€) | Reduced fees (€) | Comments |
| 5 | 128 | ||
| 10 | 256 | ||
| 15 | 256 | ||
| 20 | 256 |