Fees associated with filing trademark applications in Estonia, as well as other trademark fees, are available in the fee calculator.
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Multiple-class applications
Multiple-class trademark applications are possible in Estonia.
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Filing requirements in Estonia
The official language of proceedings is Estonian. It is also possible to submit an application in another language. In this case, the translation must be provided within 2 months.
For obtainment of a filing date a trademark application in Estonia should contain the following:
- the name of the applicant;
- the address for correspondence;
- list of goods and/or services;
- representation of the trademark.
Power of Attorney is not required, and the patent attorney is presumed to have the right of representation. However, the Patent Office may request the Power of Attorney to be submitted. In such case, it must be provided within two months from the request. Notarization and legalization of this document are not necessary.
If the priority is claimed, a certified copy of the Priority Document should be filed within 3 months from the date of filing. The Office can request its Estonian translation.
The term for filing a trademark application in Estonia claiming conventional priority is 6 months from the priority date.
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Publication, opposition and examination of a trademark application in Estonia
Trademark applications in Estonia are examined as to formal requirements and registrability.
A notice about issuance of the decision to register a trademark is published in the Estonian Trade Mark Gazette. Opposition against the trademark registration may be filed within a 2-month period from the publication of the above-mentioned notice.
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Grant, validity term, and trademark renewal
There is no official grant fee. Trademark registration is valid for 10 years from the filing date and is indefinitely renewable for another 10-year period. For trademarks the applications of which were submitted before April 1, 2019, ten years are calculated from the date of registration.
A request for renewal should be filed one year prior to the expiry date of trademark protection. A trademark may be renewed within 6 months after the renewal due date providing that a corresponding surcharge has been paid. Reinstatement of a lapsed trademark after said six-month period is not possible.
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Duration of registration procedure
The average processing time from first filing to registration is approximately 4-6 months provided that no objections are raised.
An interested party may file cancellation action with the Board of Appeal on condition that the trademark has not been used for five consecutive years after registration.
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Representation by a trademark attorney
Foreign applicants must appoint an Estonian registered trademark attorney to represent them before the Estonian Patent Office.
1. Online Search Databases: Estonian Trademarks, EU Trademarks, International Trademarks.
2. Trademark protection in Estonia may also be obtained via registration of a European Union Trademark.
3. Response to the provisional refusal of international trademark registration must be filed within 4 months from the date of its issuance. This term can be extended per 2-month periods up to 13 months. For filing a response it is necessary to appoint a local representative. The language of the response is Estonian. Final refusal may be appealed within 2 months after its issuance. This term cannot be extended.
Brief summary is based on the information provided by Mikhailyuk, Sorokolat & Partners on 09.04.2024
Please contact us if the above information is not in conformity with Estonian IP Laws