Implementation of new Trademark Act delayed

Estonia

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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