Implementation of new Trademark Act delayed
The date Estonia's new Trademark Act will come into force, which was scheduled for January 1 2003, has been postponed until January 1 2004. The Estonian Patent and Trademark Office needs more time to prepare implementing provisions.
Some of the most important provisions of the new Trademark Act include the following:
- Well-known trademarks are granted greater recognition and protection;
- Applying for the registration of a mark in bad faith is absolute grounds for refusal;
- A trademark registration may be cancelled if the mark becomes a common term through use;
- The Tallinn City Court shall hear all registration disputes; and
- The registration of domain names incorporating marks is regulated so as to prevent cybersquatting.
Urmas Kernu, AAA Legal Services, Tallinn
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