Trademarks And Trade Names

Under Art 1 Section 2 of the Paris Convention both trademarks and trade (or business) names belong to the categories of intellectual property.

To decide on the possibilities of registration of a trademark in Estonia, the trademark applicant has to learn also about trade names of commercial undertakings registered in the Commercial Register. In the same way, while choosing a trade name one has to take into consideration the trade marks entered into the Trade Mark Register.

Kaosaar & Co provides both the trade name and trademark search.

According to the present version of the Trademark Law trade name or its part belonging to another person shall not be registered as a trademark. Classes of the trademark or field of activity of the commercial undertaking have no importance here. Thus, under the present Act a trade name RED DOG is an obstacle to the registration of trademarks RED, DOG and RED DOG in any class. At the same time an earlier trade name DOG is not an obstacle to the