Summary

Under the Estonian Trade Marks Act, a collective mark is a trade mark which an association uses to distinguish goods or services offered by the association or its members from those offered by others.
Under the Act, only legal persons may be members of associations. The author of the article is of the opinion that this provision is contrary to the constitutional principle of free enterprise.
Collective marks are used under the terms specified in the by-laws of associations or under the same conditions as trade marks. By-laws shall be filed with the State Patent Office together with trade mark applications.
As owners of collective marks, commercial undertakings are probably the most suitable legal persons in private law. The author focuses on the minimum requirements for by-laws and compares the Estonian legislation with the corresponding legislation of Germany and the European Union.