Annual Technical Report 2004 on Trademark Information Activities submitted by Estonia (SCIT/ATR/TM/2004/EE)
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I. Evolution of registration activities
I. Evolution of registration activities:
Until 30 April 2004 trademarks were registered under the Trademark Act which entered into force on 1 October 1992. On 1 May 2004, the day Estonia acceded to the European Union, new Trademark Act entered into force.
On 1 May 2004 another new act in the field of industrial property which governs the activities of the Patent Office and the activities of the Industrial Property Board of Appeal – the Principles of Legal Regulation of Industrial Property Act – came into effect.
Important amendments to the Trademarks Act with effect from 1 May are the following:
– principle of exhaustion of rights which was changed to extend the rights of the trademark holder,
– obligation of use of a trademark which strengthens the conditions for use of trademarks,
– use of a trademark on the Internet which determines when it is considered the use of a trademark in Estonia,
– information concerning the parts of a trademark to which the trademark holder has no sole right (disclaimers) shall generally no longer be entered in the register,
– establishment of a definition and legal protection of a guarantee mark,
– changes in procedures for challenging a trademark registration.
In 2004 the number of national trademark registration applications was 1,824 which is 9% less than last year (2,007 applications in 2003). Then again the activity of Estonian applicants has grown. In 2003 domestic applicants filed 1,058 applications. In 2004 the number was 1,241 which is a 17% rise. International trademarks registrations designating Estonia numbered 4,460 (5,327 in 2003). This means a 16% decrease compared with last year. Thus in total 6,284 trademarks were filed for legal protection (7,334 in 2003). A fall has been observed in both national and international trademarks (a total fall of 14%) which was expected in relation to Estonia‘s accession to the European Union.
On 1 May 2004 European Community trademarks took effect in the territory of Estonia in addition to national and international registrations already valid in Estonia.
At the end of the year, 237,660 registered Community trademarks, 31,805 trademarks entered in the register and 18,375 international registrations with protection extended to Estonia were valid in Estonia.
The Trademark Department rendered 7,252 trademark decisions, 2,251 of which concerned national applications and 5,001 international applications which is 4.5% more than in 2003. Estonian applicants filed 71 international trademark registration applications for forwarding to WIPO (76 applications in 2003). Lithuania was number one among the countries designated for protection, Latvia, Finland, Russia, Poland, Germany and Sweden followed.
In 2004 the applications from the member states of the European Union made up 77.88% of the total of trademark applications, including 19.75% by Estonian applicants and 4.71% by US applicants. Amongst the European Union member states Germany was most interested in obtaining legal protection in Estonia, making up 22.7% of the total of applications.
The most popular classes of goods in 2004 were pharmaceutical preparations (7.4 % of applications) and electrical and scientific apparatus (6.0 % of applications).
The most popular class of services was advertising, business management and office functions (6.4 % of applications).
Trademark database includes registered and pending trademarks and international registrations designating Estonia, and is available to interested parties, including customs authorities and the police. The database is updated once a week.
Trademark applications will be fully examined on both absolute (distinctive character) and relative (prior right) grounds. The average duration of the examination of both trademarks and international registrations is 9 to 10 months.
Registered trademarks are published in the Estonian Trademark Gazette twice – first, after the decision to register a trademark, and second, after the entry of a trademark in the State Register of Trademarks and Service Marks.
Trademark disputes are resolved at the Industrial Property Board of Appeal and in court.
II. Matters concerning the generation, reproduction, and distribution of secondary sources of trademark information, i.e., trademark gazettes
The official publication of the Estonian Patent Office is the Estonian Trademark Gazette, published under the Trademark Act. The Gazette contains the text and reproductions of all trademark applications published for opposition, all trademarks that have been registered, all registrations that have been amended, renewed, expired or cancelled.
The Estonian Trademark Gazette comprises of the following parts:
1) Trademarks for publishing,
2) International trademarks for publishing,
3) Registered trademarks,
4) Lists,
5) Changes in the state register of trademarks and service marks,
6) Signs that are protected under article 6ter of the Paris Convention for the Protection of Industrial Property,
7) Legal acts and information concerning trademarks,
8) Registered geographical indications
9) Changes in the state register of geographical indications,
10) Legal acts and information concerning geographical indications.
The Estonian Trademark Gazette is published 12 times a year.
Since 1 January 2003 The Estonian Trademark Gazette of the Estonian Patent Office are available also electronically (in pdf-format, http://www.epa.ee/default.asp?id=576):
Editing and printing is done with PCs, including the trademark certificates and preparation for the printing of the Estonian Trademark Gazette.
III. Matters concerning classifying, reclassifying and indexing of trademark information
International Classifications (Nice Classification, Vienna Classification) of Goods and Services for the purpose of the registration of marks are used.
Before filing a registration application with the Patent Office, it is possible to submit an enquiry on registered and pending trademarks and to use the database of trademarks via the Internet which also includes international registrations of trademarks designating the Republic of Estonia.
WIPO Standard St. 60 is used for bibliographic data coding.
IV. Trademark manual search file establishment and upkeep
The Estonian Patent Office does not use the manual search files.
V. Activities in the field of computerized trademark search systems
The Estonian Patent Office maintains a computerised database that enables the search of verbal and figurative elements of the trademarks (applications, registered marks, international registrations).
The search databases of trademarks, industrial designs and geographical indications which are available via the Internet are regularly updated, their use is free. The database of trademarks contains the data since 1 October 1992 of registered trademarks, trademark registration applications filed with the Patent Office and international registrations of trademarks valid in Estonia or filed for registration under the Protocol Relating to the Madrid Agreement in the amount provided by the Trademarks Act.
There is also possibility to use CTM-online via web page of the Estonian Patent Office.
Common Software Version 3.2.4. used for administration procedures. The data concerning international trademarks and their images are downloaded from WIPO server and added to the database of trademarks using SPIRIT-MECA software.
V. Activities in the field of computerized trademark search systems
The Estonian Patent Office maintains a computerised database that enables the search of verbal and figurative elements of the trademarks (applications, registered marks, international registrations).
The search databases of trademarks, industrial designs and geographical indications which are available via the Internet are regularly updated, their use is free. The database of trademarks contains the data since 1 October 1992 of registered trademarks, trademark registration applications filed with the Patent Office and international registrations of trademarks valid in Estonia or filed for registration under the Protocol Relating to the Madrid Agreement in the amount provided by the Trademarks Act.
There is also possibility to use CTM-online via web page of the Estonian Patent Office.
Common Software Version 3.2.4. used for administration procedures. The data concerning international trademarks and their images are downloaded from WIPO server and added to the database of trademarks using SPIRIT-MECA software.
VI. Administration of trademark services available to the public (relating to facilities, e.g., for lodging applications, registering trademarks, assisting clients with search procedures, obtaining official publications and registry extracts)
The computerised Estonian trademark database contains registered marks and published applications (both national and international) and it can be exploited at the reading room of the Patent Library. Search is carried out by the bibliographer and the customers pay a moderate price for the computerised services.
The Patent Library renders services using the following CD/DVD-ROM databases:
ROMARIN (WIPO),
DEMAS (DE),
US TRADEMARKS BIB,
US PATENTS & TRADEMARKS ASSIGN,
BENELUX TRADEMARKS,
TRACES,
USAMARK,
EUROM.
TRADEMARKS OF RUSSIA 1991-2004
ARTICLE 6 TER
In-house online access is established to the commercial databases Questel-Orbit via the Internet connection. This database is charged on the bases of annual fee and on the bases of usage.
There is a great demand for the computerised trademark services.
VII. Matters concerning mutual exchange of trademark documentation and information
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WIPO:
Seminar "Intellectual Property for SMES-s" 14.-15.09.2004 (3 participants)
EPO:
Seminar 19/2003 "The EPO: An inside view for new and future member states – Focus 2003 (2 participants)
PATLIB 2004 (4 participants) : library (4 participants)
EPIDOS 2004 Annual Conference (4 participants): library (3 participants)
Seminar 1/2003 “Search and examination of European patent (1 participant)
Seminar 8/2003 “Search and examination of patent application in biotechnology” (2 participants)
Seminar "Appeal procedure at the EPO" (1 participant)
Symposium „Managing IP rights in a knowledge-based society" (2 partipicants)
Seminar 3/2003 Search and examination in chemistry with focus on pharmaceutical” (1 participant)
Seminar Epoline" (2 partipicants)
Seminar 7/2003 “Search and examination of patent application in physics, electricity and mechanics” (1 participant)
Seminar 9/2003 “Search and examination of PCT applications” (2 participants)
Seminar „Searches of IP information from Internet and compact disks” (1 participant)
Seminar SE5b/2004 "Access to IP information and documentation on the Internet and on CD-ROM: library (1 participant) 21.06.-25.06.2004.
Public Symposium on Innovation Support 20.09.2004 21.09.2004: library (4 participants)
OHIM
Seminar ”Protection of IP ” 30.11.- 01.12. 2004 OHIM, TAIEX, Estonian Chamber of Commerce and industry (2 participants)
Other:
Language courses
1. Advanced English language learning courses (6 participants)
2. French language learning courses (19 participants)
3. Finnish language learning cources (1 participant)
4. Advanced computer courses (66 participants)
5. The Estonian Patent Office took part of the fair “Intellektika 2004”, act with the exhibition
6. A seminar for SMEs in Tallinn on intellectual property protection, 14–15. Sept, in cooperation with WIPO and the Technical Assistance Information Exchange Office (TAIEX)
7. A symposium on innovation support, 20–21. Sept, in cooperation with EPO
Libraries related:
1. Training course „Modern libraries in Finland” 13.05.2003 Helsinki (1 participant)
2. Training course „Modern library” 28.06.-05.07.2003 Germany (1 participant)
3. Seminar “Digital library and it’s user” 15.10.2003 Tallinn, (1 participant)
Customer training activities of the Estonian Patent Library in 2004.
In 2002, the Estonian Patent Library opened a special computerized public room for industrial property information training courses. Also IP information users can work online here individually.
In 2002 the Estonian Patent Library began with special training courses for entrepreneurs, named “Use of the industrial property information in the product development” and included 30 hours.
In 2004 4 training courses concerning IP information were carried out among Estonian Inventors Association, 4 training courses among entrepreneurs, patent attorneys, librarians of public libraries, 7 one-day training courses among students. The subject matter of these courses is constantly revised and modified.
In 2004 the Estonian Patent Library also started a special one-day training course on industrial design.
The aim of these training days (length up to one day) and training courses (length up to 5 days) is to highlight the impact of the use of information concerning patents, trademarks and industrial designs and they are arranged in the library or in centres of enterpreneurship.
IX. Other relevant matters