General Information | Patents of Invention
Trade & Service Marks | Industrial Designs | Domain Names
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General Information

Area: 45,000 sq. km.
Population: 1,600,000 inhabitants.
Capital: Tallinn.
Languages: Estonian (official) and Russian (still used).
Currency: Estonian crown.

GENERAL REMARKS

Estonia was a province of imperial Russia before World War I, and independent between World War 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. Estonia declared full independence on August 20, 1991. A member of NATO as of April 2, 2004. New member of the European Union as of May 1, 2004.

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Patents of Invention

LEGAL BASIS

• First Estonian Patent Law, in force since May 23, 1994, amended in 1999; last amendments to the Patent Law in force as of May 1, 2004.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention (Stockholm Act), since August 24, 1994.
• Patent Cooperation Treaty (PCT), since August 24, 1994.
• European Patent Convention (EPO), since July 1, 2002.
• Budapest Treaty, since September 14, 1996.
• Strasbourg Agreement, since February 27, 1994.

FILING REQUIREMENTS

• Power of Attorney. The power has to be signed by the applicant, the full name of the applicant and their address, the full name and title (position) of the signatory must be typed. Notarization or legalization is not required;
• Patent specification comprising claims;
• Formal drawings, if any;
• Abstract;
• Priority document(s), if any;
• 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: 31 months; under Chapter II: 31 months.
Validity: 20 years from the filing date.
Annuities: are to be paid from the third year on.
Opposition: possible within nine months of the date of publication of the patent grant announcement.

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Trade and Service Marks

LEGAL BASIS

• Trade Mark Law, in force since October 1, 1992, amended in 1997, 1998, 1999 and last amendments in force since May 1, 2004.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention, since August 24, 1994.
• Madrid Protocol, since November 11, 1998.
• Trademark Law Treaty, since January 7, 2003.
• Nice Agreement, since May 27, 1996.

FILING REQUIREMENTS

• Power of Attorney (same requirements as for patents);
• Reproduction and description (if the mark is a complicated one or may have some secondary meaning);
• List of goods and services in compliance with the International Classification;
• 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 registration date, renewable for further periods of ten years (note: marks re-registered on the basis of the former Soviet Union registrations are due for renewal 10 years after the Estonian filing date, or the last renewal date in the former Soviet Union).
Opposition: has to be filed with the Board of Appeal within two months of the date of publication.

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Industrial Designs

LEGAL BASIS

• Industrial Design Protection Law, in force since January 11, 1998, last amendments in force since May 1, 2004.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention (Stockholm Act), since August 24, 1994.
• Locarno Agreement, since October 31, 1996.

FILING REQUIREMENTS

• Name and address of the applicant(s);
• Name and address of the creator(s) of the design;
• The title of the design, and a description if the applicant deems it necessary;
• Power of Attorney, (same requirements as for patents);
• Priority document;
• One or more pictures (photos, drawings) disclosing the aspects of the design (max. size: 21 x 29,7 cm); five sets of pictures (in the case of photos), or one set (in the case of drawings);
• If the creator is not the applicant, the information showing the right of the applicant to apply for registration of the design (legal successor, contract of employment, other contract);
• 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 two additional 5-year periods.
Opposition: contestation of the registration of a design is possible only through the courts within three months of the date of publication in the Official Gazette.

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Domain Names

LEGAL BASIS

• There is no specific legislation on country code top-level domain names.

FILING

• ccTLD: .ee
• Applicant: legal entities only.
• Local Presence: required.

REMARKS

Duration – renewals: indefinite.
Uniform dispute resolution procedure: none.

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If you wish more detailed information concerning intellectual property protection in this territory please contact us or order Katzarov’s Manual on Industrial Property®.

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