A company name entered in the Estonian commercial register is not a trade mark: it identifies the company, not its goods or services. A company that sells under a brand across the European Union usually protects it with an EU trade mark, registered by the European Union Intellectual Property Office (EUIPO) under Regulation (EU) 2017/1001. This article sets out what that registration protects, what the application must contain and how long the protection lasts, with the article for each — and what we prepare.
The article is general information, not legal advice. The office examines the application and decides whether the mark is registered; a registration does not settle a dispute with the owner of an earlier right.
What an EU trade mark is
- One right for the whole Union. An EU trade mark has a unitary character: it has equal effect throughout the Union and is registered, transferred or surrendered only for the whole Union (Regulation (EU) 2017/1001, Article 1(2)).
- What can be registered. Any sign — words, including personal names, designs, letters, numerals, colours, the shape of goods or packaging, sounds — that can distinguish the goods or services of one undertaking from those of others and can be represented on the register clearly and precisely (Article 4).
- What cannot. Among the absolute grounds for refusal are signs devoid of any distinctive character (Article 7(1)(b)). On opposition by the owner of an earlier trade mark, an identical mark for identical goods or services is not registered (Article 8(1)(a)).
The application
- Goods and services. They are classified under the Nice Classification (Article 33(1)) and identified with enough clarity and precision for the extent of the protection to be determined from them alone (Article 33(2)); with more than one class, they are grouped by class in the order of the classes (Article 33(6)). The office rejects unclear or imprecise terms if the applicant does not offer an acceptable wording (Article 33(4)).
- A search first. Because earlier rights can block the mark, an application usually starts with a search of earlier marks in the official databases.
After filing
- Opposition. Within three months of the publication of the application, the owner of an earlier trade mark may oppose its registration (Article 46(1)).
- Ten years at a time. An EU trade mark is registered for 10 years from the filing date and may be renewed for further periods of 10 years (Article 52). The renewal is requested in the six months before expiry; the office informs the owner at least six months ahead (Article 53(2)–(3)).
What we prepare
The service International trademark application for an Estonian company, from from €950, covers:
- a search of earlier marks in the official databases;
- the classification of the goods and services;
- the completed application and its filing;
- the follow-up of the office's letters in writing.
The same service can instead file with the Estonian Patent Office, for protection in Estonia only, or with the World Intellectual Property Organization for an international registration; this article describes the EU trade mark. Not included: the fees of the office, which you pay yourself, legal advice or an opinion on infringement, oppositions and disputes, and the decision of the office. If the company name is still to be chosen, see how to check an Estonian company name for the register side.
Prices exclude VAT. All communication takes place by email.
Ready to start? The search of earlier marks, the classification, the application and the follow-up of the office's letters; the office decides. Order.
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