Establishment of Legislation Arising from the Industrial Design Protection Act �
Regulation No. 1 of the Minister of Economic Affairs of 8 January 1998
1(RTL 1998, 14/15, 106),
entered into force 1 February 1998.
2 Pursuant to subsections 20 (3) and 24 (8) of the Industrial Design Protection Act (RT I
1997, 87, 1466; 1998, 108/109, 1783) and Government of the Republic regulation No.
260 of 30 December 1997 (RT I 1998, 1, 4), I resolve:
To approve the “Formal and Substantive Requirements for Application
Documents for Registration of Industrial Designs and Procedure for Filing of such
Documents” (annexed).
Approved by
Regulation No. 1 of the Minister of Economic Affairs of 8 January 1998
Formal and Substantive Requirements for Application Documents for Registration of
Industrial Designs and Procedure for Filing of such Documents
Pursuant to the Industrial Design Protection Act (hereinafter Act), upon registration of
industrial designs in the Republic of Estonia, the application or registration system
applies. In the application of the registration system, the Patent Office shall not verify the
novelty and individual character of an industrial design or whether the industrial design
may be used for manufacturing industrial or handicraft products. The owner of an
industrial design is responsible for the novelty and individual character of the design and
shall guarantee that the design may be used for manufacturing industrial or handicraft
products.
Part 1
Formal and Substantive Requirements for Application Documents for Registration of
Industrial Designs
1. Application documents for registration of industrial designs
1.1. An application for the registration of an industrial design (hereinafter registration
application), the variants of an industrial design or a set of industrial designs, shall consist
of the following documents:
1) a request for the registration of an industrial design;
2) a representation of the industrial design; �
3) a document certifying payment of the state fee; �
4) an authorisation document if the application is filed via a patent agent or if the � applicants have a joint representative; �
5) documents certifying priority claim if priority is claimed. �
1.2. A registration application may be accompanied by a description explaining the
industrial design.
2. Number of copies of documents
A request for the registration of an industrial design and the representation(s) of the
design, the variants of an industrial design or a set of industrial designs, shall be
submitted in three original copies. Other documents shall be submitted in a single copy.
3. Request for registration of industrial design
3.1. General requirements
3.1.1. A request for the registration of an industrial design shall set out the information
specified in § 21 of the Act. The form of the request is provided in the Annex to this
Procedure.
3.1.2. Information which cannot be supplied in the space provided in the data fields of the
request for the registration of an industrial design may be submitted on an additional
sheet of paper signed by the same person who signs the request for the registration of the
industrial design pursuant to clause 3.12 of this Procedure.
3.2. Name of industrial design
3.2.1. The name of an industrial design shall be provided in data field 1. It is
recommended that the terminology of the list of goods of the international classification
for industrial designs be used in the names of industrial designs.
3.2.2. The name shall be provided in the singular, except in cases where the term used has
no singular, for example “spectacles”, “scissors”, etc.
3.2.3. The name shall not be shortened and abbreviations shall not be used.
3.2.4. The numbers of the classes and subclasses of the Locarno Agreement Establishing
an International Classification for Industrial Designs (RT II 1996, 23, 87) to which the
industrial design belongs may also be indicated in data field 1.
3.3. Information concerning applicant �
3.3.1. Information concerning the applicant shall be provided in data field 2 of the request
for the registration of an industrial design.
3.3.2. It must be clearly evident from a request for the registration of an industrial design
whether the applicant is a natural or legal person.
3.3.3. Information concerning a natural person shall consist of the given name, surname
and residential address of the person. It is recommended that a phone number and/or fax
number be included. If it is not evident from the name of a natural person which part of
the name is the given name and which part is the surname, the surname shall be
underlined or provided in capital letters.
3.3.4. Information concerning a legal person shall consist of the full or abbreviated name
of the legal person which is entered in the commercial register or in another official
register pursuant to the law of the home country of the legal person and the full address
of the seat of the legal person. The seat of a legal person is the place where its
management board or a substituting body thereof is located.
3.3.5. If there are several applicants, information concerning all applicants shall be
submitted.
3.3.6. If the residence or seat of an applicant is located outside of Estonia, the name of the
country or the twoletter code thereof pursuant to Standard ST. 3 of the World
Intellectual Property Organization (hereinafter WIPO) for the identification of countries
shall be indicated in the address.
3.3.7. If the applicant is a person of a federal state, the federated state shall be indicated
in the address in addition to the country; the name of the city or other settlement shall be
underlined or indicated in some other manner.
3.3.8. An applicant is required to notify the Patent Office of any changes to the
information concerning the applicant during the processing of the application. In the
absence of such notification, the information known to the Patent Office shall be used in
the processing.
3.4. Information concerning representative of applicant
3.4.1. Data field 3 shall be completed only if the applicant is represented by a patent
agent in filing the registration application or performing procedures with the Patent
Office, or if several applicants are represented by a joint representative.
3.4.2. In the case of a joint representative, only the name of the natural or legal person
shall be entered in the data field. The name of a joint representative shall be identical
with the name of the joint representative as it is entered in data field 2 as the name of the
applicant.
3.4.3. Information concerning a patent agent shall consist of his or her given name and
surname. It is recommended that a postal address, the registration number of the patent
agent in the state register of Estonian patent agents and a phone number and/or fax
number be included; in the absence of a phone number and/or fax number, a
corresponding notation shall be made.
3.4.4. If both the names of a joint representative and a patent agent are provided in the
data field, the patent agent is deemed to be the representative of the applicants.
3.5. Correspondence data
3.5.1. Data field 4 shall be completed if the registration application is filed and
procedures related to registration are performed by the applicant or, in the case of several
applicants, by a joint representative. Information concerning the applicant or the joint
representative shall also be indicated in the data field if the information concerning a
patent agent is indicated in data field 3 but the patent agent is not authorised to receive
written communications from the Patent Office or exchange oral information.
3.5.2. If the applicant is a natural person or, in the case of several applicants, the joint
representative is a natural person, the name and postal address of such person shall be
indicated in data field 4.
3.5.3. If the applicant is a legal person or, in the case of several applicants, the joint
representative is a legal person, the name and postal address of the legal person shall be
indicated in data field 4. It is recommended that a phone number and/or fax number be
included.
3.5.4. If data field 4 is not completed, contains incorrect information or mistakes, the
Patent Office shall send communications to the joint representative indicated in data field
3 or, in the absence thereof, to the applicant indicated in data field 2. If, in the case of
several applicants, a joint representative is not indicated, communications shall be sent to
the applicant indicated first in data field 2 at the address of the residence or seat of the
applicant. If there are persons among the applicants whose residence or seat is in the
Republic of Estonia and persons whose residence or seat is in a foreign country,
communications shall be sent to the person whose residence or seat is in the Republic of
Estonia and who is indicated first in data field 2.
3.6. Information concerning author
3.6.1. The given name, surname and residential address of the author shall be indicated in
data field 5.
3.6.2. If there are several authors, the information specified in clause 3.6.1. concerning all
authors shall be indicated in data field 5.
3.6.3. If the author is also the applicant, only the given name and surname of the author
or the word “taotleja” [applicant] need to be written in the data field. In such case, the
address is not required.
3.6.4. An author who wishes not to disclose his or her name as the author and/or his or
her residential address shall complete data field 6.
3.7. Information concerning acquisition of right to apply for registration of industrial
design
Legal basis of applying for the registration pursuant to § 14 of the Act and becoming the
owner of an industrial design shall be indicated in data field 7 by marking the appropriate
box.
3.8. Priority claim
3.8.1. If data field 8 is completed, priority is deemed to be claimed. The data field shall
be completed if the applicant wishes to use the opportunities provided for in § 11 of the
Act to establish priority.
3.8.2. If, pursuant to subsection 11 (2) of the Act, priority is claimed on the basis of a first
registration application filed in a State party to the Paris Convention for the Protection of
Industrial Property or a first registration application filed in a state which is not a state
party to the Paris Convention for the Protection of Industrial Property, the filing date of
the first application, the number of the application and the name of the country or a two
letter code for the identification of countries according to Standard ST. 3 of WIPO shall
be indicated in the data field.
3.8.3. If the applicant does not know the number of the first registration application on
the filing date of the registration application with the Patent Office, the applicant shall
indicate only the date and country of filing the first application in the priority claim.
3.8.4. If, pursuant to subsection 11 (3) of the Act, priority is claimed on the basis of an
application which is filed for the registration of an identical industrial design after the
first registration application, the number and filing date of the registration application
which is filed after the first application shall be indicated in the data field.
3.9. Request for suspension of processing of registration application of industrial design
Data field 9 shall be completed if the applicant wishes to suspend the processing of a
registration application.
3.10. Information concerning state fee
The amount and method of payment of the state fee paid and the number and date of the
document certifying payment of the state fee shall be indicated in data field 10.
3.11. Information concerning annexes
In data field 11, the appropriate boxes shall be marked according to the documents
included in the registration application. The number of pages and original copies of each
document shall also be indicated. If a registration application contains a document which
is not listed, the list shall be supplemented by adding the name, number of pages and
original copies of the document.
3.12. Signature
3.12.1. A request for the registration of an industrial design shall be signed by the
applicant, or a patent agent if he or she has authorisation. If there are several applicants,
all applicants or a patent agent shall sign the request.
3.12.2. If a signature is not legible, a deciphered form of the signature shall be added
thereto. If the applicant is a legal person, the title of the competent official shall be
included.
3.12.3. When signing a request, the place and date of signing shall be indicated.
3.12.4. A signature on an additional sheet of paper shall be in compliance with the
requirements provided for in clauses 3.12.2 and 3.12.3 of this Procedure.
4. Representation
4.1. A registration application shall contain a representation (photos, drawings) which
shall give a clear and complete depiction of the industrial design.
4.2. A representation of an industrial design shall contain the perspective view of the
industrial design and other views which are necessary for a clear and complete
impression of the industrial design.
4.3. A representation of a variant of an industrial design shall contain the perspective
view of the variant of the industrial design and other views which are necessary for a
clear and complete impression of the variant of the industrial design.
4.4. A representation of a set of industrial designs shall contain the perspective view of
the set of industrial designs and other views which are necessary for a clear and complete
impression of the set of industrial designs as a whole.
4.5. Where registration of an industrial design in colour is applied for, the representation
shall be in colour.
5. State fee
5.1. A state fee shall be paid upon the filing of a registration application.
5.2. The name of the industrial design and the number of receipt of the registration
application, if the applicant knows the latter, shall be indicated on the document
certifying payment of the state fee (payment order, receipt, etc. ).
5.3. If a registration application contains more than two variants of an industrial design, a
supplementary state fee shall be paid upon filing the registration application for every
variant commencing with the third variant.
5.4. The document certifying payment of the state fee shall generally be submitted for
each registration application separately. If state fees paid at once for the filing of several
registration applications are paid at the same time, the name of the industrial design or the
number of receipt of the registration application and the amount of the state fee paid shall
be indicated in the document certifying payment of the state fee concerning each
registration application.
5.5. The state fee is deemed to be paid upon receipt of a document by the Patent Office
certifying payment of the state fee.
6. Authorisation document
6.1. An authorisation document is issued to a patent agent or several patent agents or, if
the applicants have a joint representative, to the joint representative for the filing of a
registration application or performance of all or certain procedures related to the
registration or continued validity of an industrial design.
6.2. If an authorisation document is issued to several patent agents, each of them may
represent the applicant separately unless otherwise provided in the authorisation
document.
6.3. An authorisation document shall set out the following:
1) the given name, surname and residential address of the person represented if the
person is a natural person, or the name and address of the seat of the person represented if
the person is a legal person;
2) in the case of a patent agent, the given name and surname of the patent agent;
3) in the case of a joint representative who is a natural person, the given name and
surname of the representative or, in the case of a joint representative who is a legal
person, the name of the representative.
4) the scope of the authorisation;
5) the term of the authorisation, if the authorisation is granted for a specified term; �
6) the signature of the person represented;
7) the place and date of issue of the authorisation document.
6.4. An authorisation document shall be signed by the applicant. If there are several
applicants, all of them shall sign the authorisation document. An authorisation document
shall be signed pursuant to clause 3.12.2 of this Procedure.
6.5. Notarisation or legalisation of an authorisation document is not required.
6.6. If the term of an authorisation is not indicated in the authorisation document, the
authorisation is deemed to be granted for an unspecified term.
6.7. An authorisation document may be issued on the basis of the right to delegate
authority if the right to delegate authority is granted in the initial authorisation document.
Authority shall not be delegated in the extent exceeding authority granted by the initial
authorisation document. The term of delegated authority shall not exceed the term of the
initial authorisation document. The place and time of signing the initial authorisation
document, the given name and surname of the person to whom the initial authorisation
document was issued and the given name and surname of the patent agent to whom
authority is delegated shall be indicated in the authorisation document issued on the basis
of the right to delegate authority.
6.8. If an applicant whose residence or seat is located outside the Republic of Estonia
files a registration application without using the services of a patent agent, the applicant
shall authorise a patent agent to perform procedures related to the processing of the
registration application. An authorisation document shall be submitted during the term
provided for in the Act.
6.9. A request for the registration of an industrial design in which information required in
clause 26 (2) 2) or 26 (2) 3) of the Act is entered in data field 3 and which is signed by
the applicant shall be considered by the Patent Office as a document certifying
authorisation and substituting for an authorisation document. In such case, the
performance of all procedures related to the processing of a registration application and
the continued validity of the registration of an industrial design is deemed to be the extent
of authorisation of the patent agent and the place and time of signing the request is
deemed to be the place and time of issue of the authorisation document.
6.10. If a registration application is submitted via a representative and the request for the
registration of an industrial design is signed by the representative, an authorisation
document shall be submitted during the term provided for in the Act.
6.11. If several authorisation documents for the performance of the same procedure are
issued to different persons, the Patent Office shall correspond with the person indicated in
the more recent authorisation document.
7. Documents certifying priority claim
7.1. Upon filing a priority claim pursuant to the Paris Convention for the Protection of
Industrial Property, a document from the administrative agency which received the first
registration application certifying the filing date of the registration application and a copy
of the first registration application the authenticity of which is certified by the
administrative agency which received the first registration application shall be included
in the documents of a registration application.
7.2. If priority is claimed on the basis of several earlier applications for the registration of
an industrial design, documents certifying priority shall be included concerning all such
applications.
8. Language requirements
8.1. The language of the documents of a registration application and of translations
thereof shall be in compliance with the Estonian Literary Standard.
8.2. A translation shall correspond to the original document.
8.3. Upon the filing and processing of a registration application, the Patent Office shall
consider translations to be authentic registration application documents.
8.4. If documents certifying a priority claim submitted by applicants or their
representatives to the Patent Office are not in Estonian, the Patent Office may require
translation of the documents in the course of the processing of the application.
9. Requirements for completion of registration application documents
9.1. Requirements for completion of representation
9.1.1. A representation shall be submitted on an even neutral background.
9.1.2. A representation shall be of good quality, with clear contours and suitable for
making reductions or enlargements.
9.1.3. The drawing(s) shall be made with thick black lines using drawing instruments on
strong white and smooth paper in format A4 (210 x 297 mm). The minimum margins of a
sheet of paper shall be:
top margin – 25 mm;
left margin – 25 mm;
right margin – 15 mm;
bottom margin – 10 mm.
9.1.4. The drawing(s) shall be presented without titles, descriptive texts or a scale.
9.1.5. If images on two or more sheets are parts of one drawing, the images shall be
placed in such a way that it is possible to form the whole drawing by putting the sheets
together.
9.1.6. It is recommended that the drawings be placed on a sheet in portrait format so that
the sheet would be filled to the maximum. If drawings cannot be placed on a sheet in
portrait format, they shall be placed so that the upper part is on the left side of the sheet
(as seen in the case of portrait format).
9.1.7. More than one image may be placed on one sheet of the drawings but the images
must be clearly separated from each other. All images shall be numbered with arabic
numerals, for example fig 1 (always the perspective view), fig 2, fig 3, etc. If only one
image is used to explain an industrial design, the image need not be numbered.
9.1.8. The pages of drawings shall be numbered with arabic numerals which are placed in
the centre of the page under the top margin and which measure at least 3.2 mm. The
number of each page shall consist of two arabic numerals which are separated by a slash
and of which the first numeral is the number of the page and the second numeral is the
total number of pages of the representation (for example 1/3, where number 1 indicates
the sequence number of the page of the drawing and number 3 the total number of pages
of the drawing).
9.1.9. The drawings shall not be folded, rolled up or attached to other documents.
9.1.10. Photographs shall be of good quality, with clear contours; only the protected
industrial design may be depicted on a photograph, it shall contain no other objects.
Slides or negatives shall not be submitted.
9.1.11. A photograph shall not be larger in size than format A4 (210 x 297 mm).
9.1.12. The number of the image, the name of the industrial design and the given name
and surname or the name of the applicant shall be indicated on the back side of the
photograph.
9.1.13. Designs of twodimensional textile products (fabrics, tablecloths, serviettes,
towels, bed linen, scarves, shawls, etc. ) shall be depicted on a representation as two
dimensional so as to give a clear and precise depiction of the design submitted, for
example of the texture or pattern of a fabric. If the pattern of a material is repeated, the
entire repeated part of the pattern shall be depicted on a representation.
9.1.14. In the case of a set of industrial designs, the entire set shall be depicted on each
photograph or drawing.
9.1.15. In the case of protection of variants of an industrial design, a separate set of
photographs or drawings shall be submitted for each variant of the design.
9.1.16. It is recommended to show such parts of a product which are of interest but which
are not presented sufficiently clearly on a representation separately as enlargements.
9.2. General requirements for completion of text documents (if description of industrial
design is submitted)
9.2.1. Text documents of a registration application shall be completed and submitted on
strong white paper in format A4 (210 x 297 mm).
9.2.2. Each sheet of paper shall be used in portrait format and on one side only.
9.2.3. The margins of a page of text documents shall be the following: �
top margin – 2040 mm; �
left margin – 2540 mm; �
right margin – 2030 mm; �
bottom margin – 2030 mm. �
9.2.4. The pages of text documents shall be numbered with arabic numerals. The number
of a page shall be placed in the centre of the page under the top margin. The number of
the page shall not be indicated on the first page.
9.2.5. The text of the documents shall be in typewritten form.
9.2.6. Documents must be typed with black nonerasable permanent ink and with such
contrast which allows making of the necessary number of copies of the documents using
modern copying devices.
9.2.7. The text shall be typed with minimum line spacing of 1.5 and using a font in which
the height of capital letters is at least 2.1 mm.
9.3. Terminology and symbols
9.3.1. Terms, symbols, abbreviations and measurement units ordinarily used in scientific
and technical literature shall be used in descriptions of industrial designs.
9.3.2. If a term or sign is used which is not common in professional publications, the
meaning of the term or sign shall be explained when the term or sign is first used in the
description of the industrial design.
9.3.3. All conventional signs shall be explained.
9.3.4. Descriptions of industrial designs shall be in compliance with the requirement of
uniform terminology.
9.4. Nonpermissible expressions
9.4.1. The text of registration application documents shall not contain expressions which
are contrary to good practice or derogatory to other persons and their industrial designs.
9.4.2. Texts or images advertising an industrial design or the applicant shall not be
included in the description of the industrial design or other registration application
documents.
Part II
Filing of Applications for Registration of Industrial Designs
10. Filing of registration applications
A registration application is filed by an applicant or the representative of an applicant
with the receiving section of the Patent Office in person or by post. Registration
applications filed by telefax or electronic means are not accepted.
11. Filing of document certifying payment of state fee
11.1. A document certifying payment of the state fee shall be filed either on the filing
date of the registration application or within one month after the filing date of the
registration application.
11.2. If the document certifying payment of the state fee is not filed with the Patent
Office on time, the Patent Office shall refuse to process the registration application.
12. Submission of authorisation document
12.1. An authorisation document shall be submitted on the filing date of the registration
application or within two months after the filing date of the registration application.
12.2. If the authorisation document is not filed with the Patent Office on time, the Patent
Office shall refuse to process the registration application.
13. Submission of documents certifying priority claim
13.1. A priority claim shall be submitted on the filing date of the registration application.
13.2. Documents certifying a priority claim shall be filed either on the filing date of the
registration application or within nine months after the date of priority.
13.3. If priority is claimed in a registration application but the applicant does not file the
documents certifying the priority claim with the registration application or within nine
months after the date of priority, or if the documents filed are not in compliance with the
requirements provided for in subsections 11 (2)(4) and § 23 of the Act, the Patent Office
shall refuse to satisfy the priority claim.
14. Registration application with deficiencies
If the registration application filed by an applicant contains deficiencies, the Patent Office
shall notify the applicant thereof in writing and set a term for the elimination of
deficiencies or provision of explanations pursuant to the procedure provided for in
subsections 31 (5) and (6) of the Act.
STATE PATENT OFFICE Request for registration of industrial
design
Utility Models Department
To be submitted in three original copies
Toompuiestee 7
EE0100 Tallinn
Phone (2) 631 1734
(2) 631 4103
Fax (2) 645 1342
To be completed by the Patent Office
21. Application number (11)
22. Filing date of application
30. Priority: date country document number
(15) Date of registration of industrial design
51. Class(es)
To be completed by applicant
1. Name of industrial design Class
(54)
2. Applicant(s) (given name and surname, or name, address, phone number, fax,
country code)
(71)
3. Representative of applicant(s)
(74)□ Joint representative (given name and surname, or name)
□ Patent agent (given name and surname, address, phone number and/or fax, registration number)
4. Correspondence data (person’s given name and surname, title, postal address,
phone number and/or fax)
5. Author(s) (given name and surname, address, country code)
(72)
6. Prohibition to disclose information concerning author(s)
7. Applicant acquired the right to apply for registration of industrial design as
□ author □ legal successor of author □ employer □ other person pursuant to contract
8. Priority claim
□ on the basis of application pursuant to Paris Convention or other agreement
(32) date (33) country (31) application number
9. Request for suspension of processing if applicant wishes to postpone entry of
industrial design in the register by a term of … (maximum 12) months.
10. State fee …..kroons
Method of payment Payment document no. Date
11: Annexes
□ Representation
□ drawing(s)
blackandwhite ….. drawing(s) on ….. page(s) in three original copies
in colour ….. drawing(s) on ….. page(s) in three original copies
□ photograph(s)
blackandwhite ….. photograph(s) on ….. page(s) in three original copies
in colour ….. photograph(s) on ….. page(s) in three original copies
□ Document certifying payment of state fee on ….. page(s) in a single copy
□ Authorisation document on ….. page(s) in a single copy
□ Documents certifying priority claim on ….. page(s) in a single copy
□ Description of industrial design (optional) on ….. page(s) in a single copy
□
Signature(s)
Place
Date
RTL = Riigi Teatja Lisa = Appendix to the State Gazette1
2 RT = Riigi Teataja = State Gazette