Summary

The Estonian Trade Marks Act entered into force in 1992. In practice, it has become evident that several issues concerning this field are not regulated by the Act. In view of Estonia’s wish to join the WTO and the European Union, the Act needs amendment. Further, the Act should also provide for the protection of trade marks which, although unregistered, are generally known in a corresponding field due to extensive use. The author considers it necessary to specify what falls under violation of exclusive rights of trade mark owners and to make punishments stricter for such violations. The legal terminology relating to this field is also deficient and regulations which are subordinate to the Act are often contrary to the Act itself.