Estonia
GENERAL INFORMATION
Area: 45,339 sq. km.
Population: 1,374,687 (2024).
Capital: Tallinn.
Language: Estonian (official), English and Russian (both widely used).
Currency: euro (EUR).
GENERAL REMARKS
Estonia was a province of imperial Russia before World War I, was independent between World Wars I and II, but was conquered by the USSR in 1940. Estonia declared itself an “occupied territory” and proclaimed itself a free nation in March 1990. During the Soviet coup, Estonia declared immediate full independence on August 20, 1991.
Member of NATO as of April 2, 2004. Member of the European Union as of May 1, 2004.
PATENTS OF INVENTION
LEGAL BASIS
- Patent Law, in force since May 23, 1994, amended in 1999, 2003, 2004, 2008, 2011, 2014, 2019 and 2023; last amendments in force since August 31, 2023.
MEMBERSHIP IN INTERNATIONAL CONVENTIONS
- Paris Convention (Stockholm Act), since August 24, 1994.
- Patent Cooperation Treaty (PCT), since August 24, 1994.
- European Patent Convention, since July 1, 2002.
FILING REQUIREMENTS
- Power of attorney (only upon request), signed by the applicant. The full name of the applicant and his address, the full name and the title (position) of the signatory must be typed. Notarization or legalization is not required;
- Patent specification comprising claims;
- Formal drawings, if any;
- Abstract (title of the invention and abstract both in Estonian and English);
- Priority document(s), if any, optionally priority document(s) can be provided through WIPO DAS system;
- The document proving the deposit of a microorganism strain, if the subject of the invention is a microorganism strain or if the invention presumes the use of a new microorganism strain;
- If the inventor(s) is not the applicant(s), information to show the right of the applicant to apply for the patent (as legal successor of the inventor(s), by virtue of contract of employment, or a contract other than contract of employment);
- Deed of Assignment (if priority is claimed, and the applicant in the patent application differs from the one shown in the priority document).
REMARKS
National Phase of PCT: under Chapter I and II: 31 months.
Validity: 20 years from the filing date.
Annuities: are to be paid from the third year on (first 3 years to be paid simultaneously).
Opposition: to be filed with the Board of Appeal within nine months of the date of publication of the patent grant announcement.
TRADE AND SERVICE MARKS
LEGAL BASIS
- Trademarks Act, in force since May 1, 2004. Amendments effected in 2004, 2005, 2006, 2007, 2009, 2012, 2019, 2023 and 2024.
MEMBERSHIP IN INTERNATIONAL CONVENTIONS
- Paris Convention, since August 24, 1994.
- Madrid Protocol, since November 11, 1998.
FILING REQUIREMENTS
- A request for the registration of a trademark, incl.: (a) details of the applicant, (b) details of the representative (if there is one), (c) representation of the mark, (d) list of goods/services classified according to the Nice Agreement, (e) a list of colors in case of a colored mark, (f) statement if the mark is a 3D mark, (g) signature of applicant or representative thereof;
- Power of attorney (in case of representative and only upon request);
- Evidence of payment of the State fee;
- Priority document, if any.
REMARKS
Kinds of protection: trade and service marks comprising a word or device or a combination of both, two- and three-dimensional designations as well as sounds and smells.
Classification: International.
Obligation to use the registered mark: compulsory. Non-use during any five-year period of effective registration allows any interested party to require cancellation of the registration. Cancellation ex officio on the basis of non-use is excluded.
Duration – renewals: 10-year period from the filing date, renewable for further periods of ten years. Note: for trademarks filed before April 1, 2019, the duration is ten years from the date of registration.
Opposition: to be filed with the Board of Appeal within two months of the date of publication.
INDUSTRIAL DESIGNS
LEGAL BASIS
- Industrial Design Protection Act, in force since January 11, 1998, last amended in 2019.
MEMBERSHIP IN INTERNATIONAL CONVENTIONS
- Paris Convention (Stockholm Act), since August 24, 1994.
- Hague Agreement, Geneva Act, since December 23, 2003.
FILING REQUIREMENTS
- A request for the registration of an industrial design, incl.: (a) name of the industrial design, (b) details of the applicant, (c) information on acquisition of the right to apply for the registration of the industrial design, (d) details of the author, (e) details of the representative (if there is one), (f) a request to suspend the processing of an industrial design if the applicant wishes to defer entry of the industrial design in the Register, (g) number of variants (if variants are filed), prohibition against disclosure of the details of the author (if requested), (h) signature of applicant or representative thereof;
- A reproduction of the industrial design;
- Power of attorney in case the application is not filed through a patent attorney. Representation right is presumed in case the application is filed through a patent attorney;
- Priority document, if any;
- Deed of Assignment, if the applicant is not the same as the one shown in the priority document.
REMARKS
Duration – renewals: after formal examination: 5 years, can be extended for four additional 5-year periods.
Opposition: third parties may contest the registration of a design through the Board of Appeal or court.
DOMAIN NAMES
LEGAL BASIS
- There is no specific legislation although some regulations on the organization and management of country code top-level domain names do exist.
FILING
- ccTLD: .ee
- Applicant: individuals and legal entities.
- Local Presence: not required, but foreign natural and legal persons must have a local administrative contact.
REMARKS
Duration – renewals: one, two or three years, renewable.
Uniform dispute resolution procedure: none, but an administrative procedure other than UDRP is available before the Domain Disputes Committee.
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