The short answer
Estonian trade mark protection runs for 10 years from the filing date and is renewed for 10 years at a time. Request renewal in the year before expiry, or within 6 months after expiry with a supplementary fee. After the decision to register is published, an interested person has 2 months to contest it at the Board of Appeal. A mark can be declared extinguished after 5 consecutive years of non-use.
Trademark deadlines in Estonia at a glance
These rules come from the Trade Marks Act (Kaubamärgiseadus), in the English consolidated text on Riigi Teataja that was in force from 1 April 2019 to 15 January 2023. The Estonian text is the authentic one and has been amended since, so we confirm the current wording before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years from the filing date, renewable for 10 years at a time (§ 8(2)). |
| Which date does the term count from? | The filing date of the application (§ 8(2)). If the mark is still not registered at the end of the 10 years, protection continues to be renewed until it is registered (§ 8(3)). |
| When can I renew? | The proprietor may request renewal during the year before the term expires, by filing the request and paying the state fee. The Patent Office reminds the proprietor at least 6 months before expiry but is not liable if it fails to (§ 50(1)). |
| Is there a grace period? | Yes. The proprietor can request restoration of the renewal term within 6 months after expiry by paying the renewal fee and a supplementary fee. The mark is deleted from the register 6 months after expiry if renewal has not been requested, retroactively from the expiry date (§§ 50(2) and 51(1)). |
| Opposition period | After the notice of the decision to register is published in the official gazette, an interested person can contest the applicant's right at the Board of Appeal within 2 months of publication, on the grounds in § 10 (earlier rights) (§ 41(2)). |
| Reply to an office action | If the examination finds an obstacle, the Patent Office sets a term of at least two months to remove it or explain. Silence means the application is treated as withdrawn. The applicant can appeal a refusal to the Board of Appeal within 2 months (§§ 38(2) and 41(1)). |
| Priority claim | Convention priority applies for 6 months from the first application in a Paris Convention country or a WTO member. The priority documents are filed within 3 months of the filing date (§§ 29 and 34(3)). |
| Non-use | Any person can ask the Board of Appeal to declare the exclusive right extinguished if the mark has not been used for 5 consecutive years after registration without good reason (§ 53(1)(3)). The proprietor of a non-used earlier mark also cannot rely on it against a later application (§ 41(2.1)). |
| Assignment | A mark can be transferred for all or some goods and services. The transfer takes effect on the date of entry in the register (§ 18). A licence is entered in the register if a party to the licence requests it (§ 21). |
Who can register a trademark in Estonia
Individuals and companies from any country can apply. One application covers one mark, with goods and services classified under the Nice Classification. A state fee is paid for the examination (§§ 28, 30 and 34).
Representation. An applicant from a foreign state who has no representative must give the address of a commercial or industrial enterprise in the European Economic Area (§ 30(1)(4)). Applications are filed in Estonian, so we arrange the translation and file through an Estonian attorney.
Trademark registration process in Estonia
Search
- Search the the Estonian Patent Office records for identical or similar marks in your classes.
File the application
- File with the the Estonian Patent Office, through your Estonian trade mark attorney.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After the registration decision is published, an interested person can contest it at the Board of Appeal within 2 months (§ 41(2)).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the Estonian Patent Office and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Estonia trademark validity and renewal
- The term is 10 years from the filing date.
- Request renewal in the year before expiry.
- A supplementary fee allows restoration within 6 months after expiry.
- Use the mark to avoid extinguishment after 5 consecutive years of non-use.
Diarise the expiry date from the date stated on your certificate and renew early.
Assignment, licence and changes to a Estonian trademark
Transfer
Change of ownership
The transfer takes effect on the date of entry in the register (§ 18).
Licence
Licensing the mark
Entered in the register at the request of a party (§ 21).
Division
Splitting the registration
The proprietor can divide the registration among goods and services (§ 20).
Pledge
Using the mark as security
A pledge is created by entry in the register on a notarised agreement (§ 24).
Non-use and cancellation of a Estonian trademark
The Board of Appeal can declare the exclusive right extinguished for 5 years of non-use, generic use or misleading use (§ 53). It can also declare it null if absolute grounds applied at registration, and for earlier-right grounds within the time in § 52. Any person can apply for the absolute-grounds and non-use requests.
Keep dated proof of use in Estonia: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Estonia
Search the Estonian Patent Office register and the official gazette Eesti Kaubamärgileht. The 2-month contest period runs from publication of the registration decision.
Sources used
- Trade Marks Act (Kaubamärgiseadus), English consolidated text on Riigi Teataja (in force 1 April 2019 to 15 January 2023): §§ 8, 18, 21, 29 to 30, 34 to 35, 38, 40, 41, 46, 50 to 53.
- Estonian Patent Office for the register, forms and state fees.
Estonia trademark FAQ
How long does a trademark last in Estonia, and from when?
10 years from the filing date, renewable for 10 years at a time (§ 8(2)). It counts from the filing date (§ 8(2)).
When should I renew a Estonian trademark, and is there a grace period?
The proprietor may request renewal during the year before the term expires, by filing the request and paying the state fee. The Patent Office reminds the proprietor at least 6 months before expiry but is not liable if it fails to (§ 50(1)).
What is the opposition period in Estonia?
After the notice of the decision to register is published in the official gazette, an interested person can contest the applicant's right at the Board of Appeal within 2 months of publication, on the grounds in § 10 (earlier rights) (§ 41(2)).
How much does it cost to register a trademark in Estonia?
The official fee is set by the the Estonian Patent Office and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Estonia?
Yes. A foreign applicant with no representative must give an address of an enterprise in the European Economic Area, and the request and goods list are in Estonian. We file through an Estonian trade mark attorney and handle the translation (§§ 30 and 35).
Can I assign a Estonian trademark?
A mark can be transferred for all or some goods and services. The transfer takes effect on the date of entry in the register (§ 18). A licence is entered in the register if a party to the licence requests it (§ 21).
Can a Estonian trademark be cancelled for non-use?
Any person can ask the Board of Appeal to declare the exclusive right extinguished if the mark has not been used for 5 consecutive years after registration without good reason (§ 53(1)(3)). The proprietor of a non-used earlier mark also cannot rely on it against a later application (§ 41(2.1)).
How can I check the status of a Estonian trademark?
Use the the Estonian Patent Office register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
Convention priority applies for 6 months from the first application in a Paris Convention country or a WTO member. The priority documents are filed within 3 months of the filing date (§§ 29 and 34(3)).
How do I change the owner's name or address?
Record the change with the the Estonian Patent Office so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Estonia
SUPREMEiP® files trademarks worldwide through its network and checks every Estonian deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
