Trademark Gazette now published twice a month: what you need to know
- As of January 2024, the Gazette is published on the first and 15th day of every month
- The bi-monthly publication of the Gazette will safeguard the benefits resulting from the accelerated procedure for trademark applications
- Trademark owners must monitor the Gazette closely to ensure that deadlines for oppositions are respected
The Estonian Trademark Gazette is the official periodical publication of the Estonian Patent Office. It aims to inform the public about trademark registration decisions, registration data, changes or corrections to registration data, register entries and international trademark registrations, among other things. Until the end of 2023, the Gazette was published once a month, on the first working day of each month.
Reasons for the change
In connection with the accelerated procedure for trademark applications, it became necessary to publish notices of trademark registration decisions more often in order to safeguard the benefits resulting from such procedure. If an application does not present any deficiencies and meets the requirements for the accelerated procedure, the registration decision is generally issued within three to four weeks. The term for filing an opposition is two months from the publication of the notice of the decision to register a trademark.
In order to make the benefits of the accelerated procedure more effective, it was decided that the Gazette would be published twice a month. As of January 2024, the Gazette is published on the first and 15th day of every month. If the date falls on a holiday or weekend, the Gazette will be published on the next business day.
Actions depending on the publication of a notice of registration in the Gazette
Oppositions
An interested person may contest an applicant’s right to a trademark at the Board of Appeal if any of the circumstances specified in Section 10 of the Trademarks Act (relative grounds for refusal) exist. Monitoring the Gazette allows trademark owners to ensure that their trademarks are protected and not infringed by third parties through the registration of identical or similar trademarks that may cause confusion in the market.
Observations by third parties
Any person may submit to the Patent Office written observations to draw attention to the existence of any of the circumstances precluding legal protection of a trademark, as specified in Section 9(1) of the Trademarks Act (absolute grounds for refusal). Observations can be submitted within two months of the publication of the notice of registration of a trademark.
The office shall review the observations within one month. If the office finds an observation to be justified, it shall revoke the decision to register the trademark and resume the examination. If the office decides to register a trademark after the resumption of the examination, a new term for filing an opposition does not start as of the publication of the notice of such decision. The processing of the opposition filed with regard to the first decision of the Patent Office shall be suspended until the office makes a new decision, and shall be deemed as an opposition filed with regard to the new decision.
Publication of registration data
Registration data on trademarks, as well as amendments or corrections to registration data, are published in the Gazette. Legal protection is afforded to trademarks which are entered in the register. The scope of legal protection of a trademark is based on the representation of the trademark and the list of goods/services entered in the register.
Access to the register
Prior to the publication of the notice of registration of a trademark, access to a registry file is granted to the applicant, or any person who has obtained written consent from the applicant, or any person who can prove that the applicant, after the registration of the trademark, intends to accuse that person of infringement of the applicant’s exclusive rights in the trademark. After publication of the notice, the register is made public, so anyone has the right to access the registry file and data entered in a record.
Comment
Monitoring the Gazette allows trademark owners to be aware of the status of their trademarks, their rights and any potential infringements. The bi-monthly publication of the Gazette will allow to speed up the registration process, supporting the objectives of the implementation of the accelerated procedure. At the same time, trademark owners and practitioners will need to pay special attention to ensure that the deadline for oppositions is respected.
Anneli Kapp, Patendibüroo KÄOSAAR
This article first appeared in WTR Daily, part of World Trademark Review, in February/2023. For further information, please go to www.worldtrademarkreview.com.
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