Overview Of The Trade Marks Act

The Estonian Trade Marks Act entered into force on 1 October 1992. On 18 August 1998, the Republic of Estonia deposited with the Director General of the World Intellectual Property Organization (WIPO) its instrument of accession to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks. The Madrid Protocol entered into force, with respect to the Republic of Estonia, on 18 November 1998.

Overview of the Trade Marks Act (full text) 1. Legal régime of trademarks The scope of protection of a registered trade mark shall be based on a representation of the trade mark. The scope of protection of a registered trade mark in relation to goods and services is determined by a list of such goods and/or services. The list of goods and/or services indicated in the registration may be limited. Extension of the list of goods and services is prohibited.

2. Signs registrable as trademarks Literal, verbal, numerical, figural, and special signs or their combinations can be registered as trademarks. A trademark can be registered either as a black-and-white, or a coloured sign. Trademarks registered as black-and-white signs are protected in any colour combination while trademarks registered as coloured signs are protected only in the colour combination indicated in the registration application.

3. Absolute grounds (in addition to those stipulated by Paris Convention for the Protection of Industrial Property) for refusal of registration of trade marks signs that do not conform to the provisions of signs registrable as trademarks (see above); trademarks that are devoid of any distinctive character; trademarks that consist exclusively of signs or indications which designate the kind, quality, quantity, intended purpose, value or geographical origin of the goods or services, the time of production of the goods or of rendering of the services, or other characteristics of the goods or services, or that consist of the above-mentioned signs or indications that are not considerably altered; trademarks that consist exclusively of signs and indications which have become customary in the current language use in relation to such goods or services for which application for registration of a trademark is made, or which have become customary in economic and business activities, signs which consist exclusively of the shape which results from the nature of the goods, is necessary to obtain a technical result or gives substantial value to the goods; Notes: 1. The above-specified signs, as elements of trademarks, are not subjects to protection, such signs will be considered disclaimed.

2. The above 5 clauses do not apply if it is proven...