Kaubamärgiseadus

Kaubamärgiseadus is the Estonian Trade Mark Act. This legislation governs the registration, protection, and enforcement of trademarks within Estonia. A trademark, as defined by the law, is a sign capable of distinguishing the goods or services of one undertaking from those of other undertakings. Such signs can include words, designs, logos, sounds, or even shapes.

The primary purpose of the Kaubamärgiseadus is to provide trademark owners with exclusive rights to use their marks in connection with specific goods or services. This exclusivity is granted upon successful registration of the trademark with the Estonian Patent Office (Patendiamet). The registration process involves an examination to ensure the mark meets the legal requirements, such as distinctiveness and non-conflict with existing registered marks.

The Act outlines the rights conferred by trademark registration, including the right to prevent others from using identical or similar signs for identical or similar goods or services without the owner's consent. It also details the grounds for invalidating or revoking a trademark, such as non-use or if the mark becomes generic. Furthermore, the Kaubamärgiseadus provides mechanisms for trademark infringement enforcement, allowing owners to take legal action against unauthorized use. The legislation aims to foster fair competition and protect consumers from confusion regarding the origin of goods and services.