Region: Estonia

Trademark transfer without the shareholders’ consent: the ELBE ENGINEERING case

The court found that the transfer of the mark ELBE ENGINEERING by one of Elbe Tuning Parts OÜ’s board members to OÜ Elbe Engineering was null and void under Article 181(3) of the Commercial Code.

11 May 2023

Board of Appeal: no likelihood of confusion between UNOVET and INNOVET

The board believed that the difference between the marks was particularly clear from a semantic point of view, which, in turn, had an impact on the visual and phonetic perception of the marks.

06 February 2023

BMW prevails over Estonian company in replica rims dispute

The court found the defendant wished to offer replica rims to upgrade vehicles or purely for convenience reasons, which does not constitute permitted use of a design under Article 110(1) of Regulation 6/2002.

09 September 2022

Board of Appeal upholds opposition against mark containing name of government’s official seat

Despite the shortcomings of the opposition filed by Estonia’s Government Office, the Board of Appeal found that the mark STENBOCK constituted “another symbol” the registration of which would be contrary to public interest under Article 9(1)(9) of the Trademark Act.

01 June 2022

Supreme Court issues landmark decision in punk music band trademark dispute

The members of punk band Vanemõde, which was famous in the 1980s, have been involved in a long-running dispute over who is entitled to register the name of the band as a trademark.

14 April 2022

Board of Appeal annuls refusal to register position marks for taxi services

The Board of Appeal has annulled decisions of the Estonian Patent Office refusing to register position marks consisting of a black checkerboard device on a yellow oval background placed on the front door of a taxi car.

17 November 2021

Board of Appeal dismisses opposition in dispute between former parties to franchise agreement

This decision in opposition proceedings involving former parties to a franchise agreement sets a new precedent following the coming into force in 2019 of the Principles of Legal Regulation of the Industrial Property Act, which relate to proceedings before the Board of Appeal.

27 April 2021

Board of Appeal confirms refusal of IT365 as being descriptive

The Board of Appeal has agreed with the Estonian Patent Office that the combination of the term ‘IT’ and the number 365 would be perceived as referring to IT services which are provided throughout the year.

29 October 2020

Board of Appeal reorganisation and changes to trademark-related administrative proceedings: what you need to know

Following the implementation of the Trademark Directive in Estonia, the Board of Appeal has been reorganised, and substantial changes have been made to the opposition procedure and the board’s scope of jurisdiction.

19 December 2019

Significant amendments to Estonian trademark legislation enter into force

On 1 April 2019 amendments to the Estonian Trademark Act and the related secondary legislation entered into force, which have introduced important changes and simplified the trademark registration procedure in Estonia.

03 September 2019

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