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Summary

Trademark law is a well-developed institution in Estonia. Extensive application practice and a significant number of disputes have both contributed to this development; however, not insignificant is international impact through international treaties, EU law via the trademark directive which harmonises the trademark laws of the Member States, and relevant case-law as well as the example of the trademark of the European Community which is applied in parallel. The article explores some issues of trademark law which should be solved in the course of codification. One of those issues is the intensity of the interference of public authorities with the registration and protection of intellectual property rights. The author dissects this issue primarily in the context of registering trademarks. The author also believes that the concept of interest should be reviewed, i.e., the issue of how third parties can invoke their rights. Finally, the author explains why he believes the regulation of trademark transactions should be specified.

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