TGS Baltic successfully represented a client in the Supreme Court of Estonia

10.06.2020 TGS Baltic successfully represented a client in the Supreme Court of Estonia

We successfully represented a client in the Supreme Court of Estonia in connection with the fact that a company was refused registration on the grounds that the word “construction” in its name is protected as a trademark.

The Supreme Court agreed with our arguments and upheld our appeal. The case is significant in the development of business names and trademark law because by agreeing with our approach, the Supreme Court says that when registering a business name, it is not sufficient to technically check whether a similar trademark exists, instead it must be considered from the trademark law perspective.

According to valid law, a sign or a combination of signs which consists of letters, words or numerals and is protected as a trademark in Estonia must not be used in a business name without the consent of the owner of the trademark, unless the undertaking is engaged in an area of activity in respect of which the trademark is not protected. In making the decision, the registry department and the lower courts erred against the fundamentals of trademark law because they did not consider that the earlier mark is a figurative mark, containing, inter alia, the word element 'construction' and the fact that the word 'construction' is not protected in that class because it is devoid of any distinctive character.

The team that successfully represented the client in court consisted of Senior Associates Mari-Liis Orav and Dmitri Teplõhh and Associate Mari Anne Valberg.