– Geographical Indication Protection Act, in force as of January 10, 2000. Amendments effected in 2000, 2001, 2002, 2004, 2006, 2007, 2010, 2012, 2014, 2015, 2019 and 2021.
Membership in International Conventions
– See under “Trade and service marks“.
Definition: a geographical indication means an indication identifying a good or service as originating from a particular geographical area provided that a given quality, reputation or other characteristics of the good or service are essentially attributable to its geographical origin. In addition, any other word, combination of words or a symbol, which, as a result of long-lasting and continuous use has got the essential connection to the geographical area where the good is produced or the services are rendered, may be considered as a geographical indication.
Applicant: natural or legal person who: (a) is producing goods or providing services; (b) society of consumers, producers or service providers.
Foreign applicants: are authorized to file an application personally, but for further prosecution must elect and authorize a local patent attorney.
Excluded from registration: a sign which (1) misleads the public as to the geographical origin of the goods/services; (2) designates goods/services where the given quality, reputation or other characteristic of the goods/services is not essentially attributable to the geographical origin of the goods/services; (3) although literally true as to the geographical origin of the goods/services, may falsely represent to the public that the goods/services originate from another geographical area; (4) is contrary to public order or accepted principles of morality; (5) has lost its original meaning of geographical origin and has become the common name of goods/services and is being used to designate the kind, quality, variety or other properties or characteristics of goods/services; (6) includes the name of an animal breed or a plant variety or is misleadingly similar to it; (7) has not been granted legal protection in the country of origin or the legal protection has been terminated in the country of origin, or has fallen into disuse in that country.
Filing requirements for an application:
1. A request for the registration of a geographical indication, incl.:
(a) details of the applicant, (b) details of the representative (if there is one), (c) representation of the indication, (d) summary of the description, (e) signature of applicant or representative thereof;
2. A description, incl.:
(a) name of the goods/services, (b) features characterizing the goods, (c) features characterizing the service or the method of producing the goods, (d) identification of the geographical area, (e) particulars certifying the link of a given quality, reputation or other characteristics of the goods/service with the geographical origin;
3. A certificate of the protection of the geographical indication in its country of origin, or a certificate issued by the competent agency of the country of origin certifying the link of the given quality, reputation or other characteristic of the goods/services with the geographical origin of the goods/services, and a certificate issued by the competent agency of the country of origin of the right of the applicant to apply for registration of a geographical indication;
4. Evidence of payment of State fee;
5. Power of attorney (in case of representative and only upon request).
Examination: formal (whether or not the application appears to meet the statutory requirements).
Registration: the geographical indication will be recorded in the Estonian Register of Geographical Indications.
Duration of registration: from the date of application, indefinitely (no term fixed).
Use: not compulsory.
User: a person acting as a producer of goods or a renderer of services provided the goods and services have the quality and characteristics connected with the subject geographical area.
Prior user right of trademark owners: a registered geographical indication does not constitute a bar for registration and/or use of the identical and confusingly similar trademarks which have been filed for registration in good faith or registered either prior to the date of putting into force of the Law on Protection of Geographical Indications or prior to the date the subject geographical indication obtained legal protection in the country of origin.
Supervision: supervision is exercised over the lawful use of a registered geographical indication, including the compliance of the goods and services to the description recorded in the Register.
Oppositions: are handled by Board of Appeals.
Infringements: are handled by Estonian courts.
Liability of the infringer: administrative, civil or criminal.