Kaubandusmärk

Kaubandusmärk, commonly known as a trademark in English, is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. This can include words, logos, slogans, sounds, colors, or even shapes. The primary function of a kaubandusmärk is to identify the source of goods or services and to prevent confusion among consumers.

In Estonia, the protection of kaubamärgid is governed by the Estonian Trademarks Act and is administered by the Estonian Patent Office (Patendiamet). Registration of a kaubandusmärk grants the owner exclusive rights to use the mark in connection with the registered goods or services. This prevents others from using identical or similar marks for identical or similar goods or services if there is a likelihood of confusion.

The registration process typically involves an application, examination of the mark for distinctiveness and potential conflicts with existing marks, and publication. Once registered, a kaubandusmärk is protected for a period of ten years and can be renewed indefinitely, provided the renewal fees are paid.

A registered kaubandusmärk serves as a valuable asset for businesses, building brand recognition, fostering customer loyalty, and providing a competitive advantage. It is a crucial element of intellectual property that helps businesses protect their identity and market position. Unauthorized use of a registered kaubandusmärk can lead to legal action and claims for damages.