kaubamärgiõigus

Kaubamärgiõigus is the Estonian term for trademark law. It governs the protection and use of trademarks within Estonia. A trademark is a sign, such as a word, logo, or slogan, that distinguishes the goods or services of one enterprise from those of other enterprises. The primary purpose of trademark law is to prevent consumer confusion and to protect the goodwill and reputation associated with a particular brand.

In Estonia, trademarks can be registered with the Estonian Patent Office (Patendiamet). Registration grants the trademark owner exclusive rights to use the mark in connection with the designated goods or services. This exclusive right allows the owner to prevent others from using identical or similar marks for identical or similar goods or services, which could lead to a likelihood of confusion among consumers.

The protection afforded by a registered trademark is territorial, meaning it is valid only within Estonia. However, Estonia is a member of the European Union, and EU trademarks (EUTMs) provide protection across all EU member states, including Estonia. International registration of trademarks is also possible through the Madrid System.

Infringement of trademark law occurs when an unauthorized party uses a mark that is identical or similar to a registered trademark in a manner that is likely to cause confusion. Remedies for infringement can include injunctions, damages, and seizure of infringing goods.

Kaubamärgiõigus also addresses issues such as the validity of trademarks, their transfer and licensing, and the grounds for invalidation or cancellation of a trademark registration. It plays a crucial role in fair competition and in building brand value for businesses operating in Estonia.