In cooperation with patent bureau Käosaar, we assisted SA Kunstihoone, a foundation established by the Estonian Artists’ Association and the Ministry of Culture, with the successful registration of its main trademark “Tallinna Kunstihoone”.
Descriptive and not distinctive or well-know and with acquired distinctiveness
The Estonian Patent Office refused from the registration of the word mark “Tallinna Kunstihoone” on the ground that the word combination “Tallinna Kunstihoone” means “art gallery located in Tallinn” and, thus, the mark is descriptive and not distinctive. We challenged the refusal by claiming that the trademark is well-known and has acquired distinctiveness through an intensive, wide-scale, long-term and continuous use dating back to the year 1934.
High volume of evidence required to convince the Estonian Patent Office
The matter was extraordinarily complex due to the high amount of evidence our team needed to collect, systemise and submit to the Estonian Patent Office. Among others, this included going through the archives of SA Kunstihoone and years’ worth of media coverage, as well as obtaining a confirmation letter from the Ministry of Culture.
In light of our arguments and provided evidence, the Estonian Patent Office decided to grant the registration. This decision was of high importance to SA Kunstihoone as “Tallinna Kunstihoone” is its main trademark used throughout the years.
Our services and client team
We assisted the client with challenging the decision of the Estonian Patent Office to refuse from the registration of the word mark and collecting, systemising and submitting the evidence required to prove its acquired distinctiveness.
Our client team was led by senior associate Olivia Kranich and supported by partner Kaupo Lepasepp.
Our advice was provided in cooperation with patent bureau Käosaar.
