The selection of a business name is one of the most important steps in founding a company. A distinguishable and memorable business name contributes to the company’s reputation and success. A company may have only one business name. The business name of a company cannot be similar to other business names entered in the commercial register in Estonia.

The business name of a self-employed person cannot be similar to the business names entered in the commercial register in the service area of the same registrar.

The name of a non-profit association and a foundation cannot be similar to the names of other non-profit associations and foundations entered in the register in Estonia.

Trademarks

In addition to the business name, each company has the right to register trade marks in its own name that would help your company and the offered services/products stand out from those of your competitors. For instance, you can trade mark words, numbers, images, or their combinations. If you have developed trade marks, they have to be registered at the Patent Office so you would have the sole right to use them.

A trade mark’s distinctiveness

The most important aspect of selecting a trade mark is its uniqueness and distinctiveness from other trade marks in the same field. Before applying for a trade mark, check whether an identical or similar symbol has been submitted or registered as a trade mark in the same field in Estonia or the European Community.

If the fields of activity coincide, the company who first defended or submitted the trade mark has the rights to it. In case the fields of activity coincide, the trade mark cannot be identical or similar with another business name either.

As the purpose of a trade mark is to distinguish the company and the provided products/services from the competitors, the trade mark should be memorable, striking, and understandable to the clients.

Checking the trade mark

You can check with the Patent Office’s electronic database whether the desired trade marks are still available. As legal protection in Estonia applies to all trade marks protected in the European Community, it is reasonable to submit queries to both local and Europe-wide databases. Check with the Patent Office’s website whether the desired trade marks are available.

Source: https://www.eesti.ee/est/teemad/ettevotja/ettevotte_loomine/ettevotte_asutamise_toimingud/ettevotte_kaubamarkide_valik_ja_kontroll

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