In Estonia, it is possible to apply for the protection of trade marks under the Trade Marks Act that took effect on 1 May 2004 (the first Trade Marks Act entered into force in 1992). From 1 May 2004, the EU legal acts concerning trade marks are also valid in Estonia.
The most convenient way to file trade mark applications is through an electronic filing portal. The portal enables to fill in and send trade mark registration applications to the Estonian Patent Office and to look at the applications filed earlier. Anyone can fill in the form, but only the applicant (or a patent attorney representing them) can sign it. 95% of applicants used the possibility of e-filing in 2023. Other documents relating to the examination can be filed electronically with a digital signature. Because only an electronic procedural file is used for trade mark applications filed after January 1, 2017, older trade mark files have been digitized, and international registration applications can also be filed electronically, the entire trade mark procedure is now paperless.
There are four possibilities to obtain legal protection for a trade mark in Estonia:
- by registering it in the register of trade marks and service marks by filing an application with the Estonian Patent Office;
- by registering it with the International Bureau of the World Intellectual Property Organization (WIPO), requesting legal protection in Estonia;
- by making a trade mark well known in Estonia;
- by registering it as a European Union trade mark with the European Union Intellectual Property Office (EUIPO).
1,181 trade mark registration applications were filed in 2023 (1,061 applications in 2022). Estonian applicants filed 1,018 applications (889 in 2022). International trade mark registrations designating Estonia numbered 728 (817 in 2022). In total 1,909 trade marks were filed for legal protection (1,878 in 2022).
By the end of the year, 2,404,085 European Union trade marks (including 6,269 trade marks from Estonia) and 25,922 registered national trade marks were valid in Estonia and 25,416 international registrations were valid in Estonia, which are subject to legal protection in Estonia.
Estonian applicants filed 42 international trade mark registration applications for forwarding to WIPO (50 in 2022). The number of countries and unions of countries where protection was requested was almost half smaller than last year – 57 (108 in 2022). Our southern neighbours Latvia and Lithuania were the most frequently requested countries for trade mark protection (20 and 17 times), followed by Finland and UK (both 16 times). USA and Germany were also popular (both 12 times).
Estonian applicants made up 53.4% of the total of trade mark applications. Among other states Gemany – their applications and international registrations made up 5.6% of the total of applications – was the most interested in gaining legal protection in Estonia, followed by China (4.8%), and Turkey (3.1%).
The most popular goods for which legal protection was applied in 2023 were electronic and computing apparatus (7%), pharmaceutical preparations (5.5%), cereal products and confectionery (4.3%), cosmetic products (3.9%) and clothing and footwear (3.2%).
The most popular services were advertising, office functions, retail and wholesale services (10%) followed by education, training, entertainment, cultural and sports activities (8.2%), scientific and technological services (5.6%), services for providing food and accommodation (4.7%) and insurance, financial affairs and real estate affairs (4.3%).
For those who are interested, including the Customs Authorities, Police and Business Register, the Trade Marks Database is available on the Office’s web page. This contains data about registered and pending trade marks, as well as international registrations designating Estonia. The database is updated every day, so the data is always up to date.
In 2023, the average examination time for national trademark applications was 1 month, while the examination time for international registrations was 1.5 months. The average duration is calculated from the receipt of the application until the decision on registration is made, if there are no deficiencies in the application.
For a third year already, the Estonian Patent Office offers an accelerated procedure for trade mark applications. An application for an accelerated procedure must comply with certain conditions which allows the registration decision to be made in a shorter period of time. The procedure proved to be very popular – in 2023, 54.5% of national applications were submitted as an application for an accelerated procedure. On average, such applications managed to reach either the registration decision or (in case of problems) the first notification in 8 days.
Chief Examiner Janika Kruus, the best colleague of the trademark department in 2023.
Trade marks are published in the Estonian Trade Mark Gazette twice – first, in Part I when the decision on trade mark registration has been made, and second, in Part III after the trade mark has been entered into the register of trade marks and service marks. International registrations are published for appeal in Part II of the Gazette. To accelerate the process of registration, the Estonian Trade Mark Gazette is published twice a month starting from 2024 (it was formerly published once a month).
Disputes concerning trade marks are resolved in the Industrial Property Board of Appeals, and in court. In 2023, one appeal was granted in the Industrial Property Board of Appeals.
Although the unstable political situation that started in 2022 continued in 2023, and the economic situation did not show any signs of improvement either, the entrepreneurs’ interest in registering their intellectual property increased. 11% more applications for registration of trade marks were submitted to the Estonian Patent Office than in 2022. For our part, we contributed to raising the awareness of entrepreneurs and other interested parties by making presentations at seminars as well as by updating and renewing the Patent Office's blog, Instagram and web site. In 2023, the experts of the Trade Mark Department gave 1,134 consultations on trade marks and designs. The project of selecting a trade mark of the month has been very successful – each month we highlight an outstanding brand from among the marks entered in the register this month. Owners of the best-performing trade marks can share the story of creating and protecting their mark in an article on the Patent Office's blog and thus encourage future trade mark applicants.
