Voimalus Trading WorkBook 2 1 Lae alla. Account Options

Recognition of well-known trade marks 1 A court shall recognise a trade mark as being well known at the request of the proprietor of the trade mark. Transfer of trade marks 1 A trade mark may be transferred in relation to all or some of the goods or services. A trade mark shall not be inherited by the state or a local government. Representability of protected trade marks 1 A sign protected as a trade mark shall be capable of being represented in the register in a manner which enables the competent authorities and the public to determine the clear and precise scope of the legal protection afforded to the trade mark. An interested person or patent attorney may involve, at own expense, an interpreter or adviser without the right of representation in an oral procedure at the Patent Office or at the Board of Appeal.

Representability of protected trade marks 1 Protected trade marks shall be capable of being represented graphically. Recognition of well-known trade marks 1 A court shall recognise a trade mark as being well known at the request of the proprietor of the trade mark.

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A trade mark shall be recognised as being well known only in connection with an action or appeal concerning the legal protection of the trade mark. The Industrial Property Board of Appeal shall consider a trade mark as being well known only in connection with the adjudication of an appeal against a decision of the Patent Office or a revocation application concerning the legal protection of the trade mark.

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Legal protection on basis of registration 1 A registration concerning a trade mark filed for registration is made in the register under the conditions and pursuant to the procedure provided for in Chapter 4 of this Act, taking account of the provisions of the Principles of Legal Regulation of Industrial Property Act RT I18, 98; 82, The term of legal protection of a trade mark may be renewed at the request of the proprietor of Voimalus Trading WorkBook 2 1 Lae alla trade mark for ten years at a time.

A trade mark filed for registration is an earlier trade mark only if it is registered; 4 a trade mark which is valid in Estonia on the basis of the Madrid Protocol if the date of international registration or date of priority is earlier; 5 a trade mark filed for registration on the basis of the Madrid Protocol if the date of international registration or date of priority is earlier.

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A trade mark filed for registration is an earlier trade mark only if legal protection for the trade mark is not refused in Estonia; 6 a Community trade mark registered on the basis of the Community Trade Mark Regulation if the filing date of the application, date of priority or the seniority date granted on the basis of the Estonian registration is earlier; 7 a Community trade mark filed for registration on the basis of the Community Trade Mark Regulation if the filing date of the application, date of priority or the seniority date granted on the basis of the Estonian registration is earlier.

A trade mark filed for registration is an earlier trade mark only if it is registered.

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Scope of legal protection of trade marks 1 The scope of legal protection of a trade mark is based on the following: 1 for a well-known trade mark, the form of the trade mark in which it became well known; 2 the representation of the trade mark entered in the register or in the International Register of the Bureau.

Representative for performing acts related to legal protection of trade marks [RT I20, - entry into force An interested person or patent attorney may involve, at own expense, an interpreter or adviser without the right of representation in an oral procedure at the Patent Office or at the Board of Appeal.

A joint representative has the right to perform all acts related to the processing of an application in the name of the applicants.

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The following, inter alia, shall be taken into account while establishing commercial consequence: 1 business activity in Estonia of the person who uses a trade mark on the Internet, such as actual business relations or relations motivated by business, the existence of customer services and non-Internet activity in Estonia; 2 the intention of the person who uses the trade mark on the Internet to offer goods or services to persons in Estonia via the Internet, taking into consideration the transportation of goods, the currency and information, language and Internet links relating to communication with the provider of goods or Voimalus Trading WorkBook 2 1 Lae alla 3 a condition indicated on the Internet stating that goods or services shall not be offered to persons in Estonia, and adherence to such condition; 4 taking unfair advantage of, or being detrimental to the distinctive character or repute of a trade mark belonging to another person.

If the publication is already published, the proprietor of a trade mark may request the use of the registered trade mark symbol in the next publication. Registered trade mark symbol The proprietor of a trade mark may use the registered trade mark symbol or a warning together with the trade mark.

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Limitation of exclusive right 1 The proprietor of a trade mark has no right to prohibit other persons from using the following in the course of trade in accordance with good business practices: 1 the names and addresses of other persons; 2 any sign which consists of signs or indications which designate the kind, quality, quantity, intended purpose, value or geographical origin of the goods or services, the time of production of the goods or of rendering of the services, or other characteristics of the goods or services, or which describe the goods or services in another manner, or which consists of the above-mentioned signs or indications which are not considerably altered; 3 signs or indications which have become customary in current language or in good faith business practice; 4 the trade mark if it is necessary to indicate the intended purpose of a product, in particular as accessories or spare parts, or a service; 5 elements of the trade mark which are not subject to protection.

The limitation does not apply if the proprietor of the later trade mark commenced the use of the trade mark or filed the application in bad faith or if another later right was acquired in bad faith. The proprietor of a later trade mark is not entitled to prohibit the use of an earlier trade mark or another earlier right.

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Obligation to use trade mark 1 The proprietor of a trade mark is required Voimalus Trading WorkBook 2 1 Lae alla actually use a registered trade mark to designate goods and services in respect of which it is registered.

Transfer of trade marks 1 A trade mark may be transferred in relation to all or some of the goods or services.

Representability of protected trade marks 1 A sign protected as a trade mark shall be capable of being represented in the register in a manner which enables the competent authorities and the public to determine the clear and precise scope of the legal protection afforded to the trade mark. Recognition of well-known trade marks 1 A court shall recognise a trade mark as being well known at the request of the proprietor of the trade mark.

A trade mark shall not be inherited by the state or a local government. Surrender of trade marks 1 The proprietor of a trade mark may surrender a trade mark with regard to all or some of the goods and services. Division of registration The proprietor of a trade mark may divide the registration into two or more registrations and distribute the goods and services among these Voimalus Trading WorkBook 2 1 Lae alla.

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The division of a registration enters into force on the date of entry of the corresponding amendment in the register. Licence 1 A licensee may transfer the rights acquired from the proprietor of a trade mark by way of a licence to third persons only with the permission of the proprietor of the trade mark.

Notation concerning prohibition In order to secure an action, a notation concerning prohibition on disposal may be made in relation to a trade mark in the register at the request of the plaintiff.