- Knowledge
Estonia
Trademark opposition system
As a member state of the European Union, Estonia's trademark system is deeply integrated with EU rules and operates efficiently through a highly digitized administrative system. The trademark opposition system provides a clear relief path for prior rights holders, which can be analyzed from five core dimensions as follows:
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Trademark opposition acceptance agency
The Estonian trademark opposition is under the unified jurisdiction of the Estonian Patent Office (Eesti Patendiamet, EPA):
EPA：Responsible for trademark examination, announcement, objection acceptance, and administrative ruling, processed through the electronic system (e-t ö laud) throughout the process.
Judicial relief:Those who are dissatisfied with the EPA ruling can file a lawsuit with the Tallinna Halduskohus Administrative Court and ultimately appeal to the Riigikohus Supreme Court of Estonia.
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Timing of Trademark Objection
Strictly followObjection after announcementThe EU Standard Model:
1. Announcement triggered:Trademark applications reviewed through EPA shall be electronically published in the Estonian Trademark Gazette.
2. Objection Window:Within 3 months from the date of announcement (non extendable), interested parties must submit objections through the EPA electronic system.
3. Supplementary mechanism:
Overdue registration can be converted into an invalidation procedure (based on relative reasons, it must be filed within 5 years after registration; absolute reasons or malicious registration have no time limit).
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Basis for Trademark Objection Application
According to Articles 11-13 of the Estonian Trademark Law (Kaubam ä rgiseadus) and EU regulations, there are two types of reasons:
（1） Absolute reason
Lack of significant features (descriptive vocabulary, general graphics, etc.);
Violating public order and good customs or deceiving the public (such as implying false origin);
Contains national/religious symbols (unauthorized);
Pure functional shape or technical effect shape.
（2） Relative reasons
1. Conflict of prior trademark rights:
Conflicts with identical/similar trademarks already registered or previously applied for in Estonia/EU, where goods/services are identical or similar, may lead to confusion;
Conflicts with reputable trademarks (identical/similar) may result in gratuitous exploitation or impairment of their distinctiveness.
2. Other prior rights:
Copyright, design rights, name rights, portrait rights;
A well-known trade name or geographical indication in Estonia.
3. Proxy registration or malicious registration (such as obstructing competitors' trademark hoarding).
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Trademark opposition process
(Fully digitized)
1. Online objection submission:
Legal basis (citing legal provisions)
Comparative analysis of trademark conflicts
Evidence (registration certificate, sales data, market research report, etc.)
The objector (or local lawyer) shall submit an objection form through the EPA electronic system, which shall include:
Payment fee: 240 euros per category (2024 standard).
2. Formal review:EPA will review the completeness of the materials within 5 working days (any missing information can be corrected, but must be completed within the objection period).
3. Notice and defense:
EPA will electronically deliver the objection materials to the respondent and grant them a 2-month defense period (with the option to apply for an extension once, up to a maximum of 1 month).
4. Refutation and supplementation:
After the respondent submits an electronic defense, the objector may submit rebuttal opinions or supplementary evidence within one month.
5. EPA substantive review:
EPA, based on written materials, generally does not hold hearings (unless the case involves significant public interest).
The review period is usually 4-6 months (starting from the deadline for defense).
6. Administrative ruling:
Objection established: Reject the opposed trademark registration;
Objection not established: Approval of registration and issuance of electronic certificate.
7. Judicial appeal:
The losing party may file a lawsuit with the Tallinn Administrative Court (time limit: 30 days after receiving the ruling), and the court may request EPA to re-examine.
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Trademark opposition period
1. Administrative Stage (EPA):
From submitting objections to ruling: 7-12 months (80% of cases are completed within 9 months).
2. Judicial stage:
Administrative court litigation: 12-18 months;
Supreme Court appeal: An additional 6-12 months.
3. Reconciliation optimization cycle:
Reaching a settlement during the 2-month defense period (such as signing a coexistence agreement) can terminate the procedure immediately, saving an average of 10 months of time.
Key precautions
1. Force local proxy:
Non EU companies must entrust Estonian registered lawyers or patent agents to submit objections.
2. Language requirements:
All materials must be submitted in Estonian (non Estonian evidence must be authenticated by the National Translation Center).
3. Electronic Evidence Standards:
The file format is limited to PDF/JPG, with a single file size of ≤ 10MB;
Audio and video evidence must be submitted in written transcripts.
4. EU Trademark Priority Strategy:
If the conflicting trademark is an EU trademark (EUTM), it is recommended to prioritize the EUIPO opposition procedure (covering the entire EU); The EPA procedure is more economical for trademark selection only for the Estonian market.
