4. Enforcement

​​4.1 Scope of Protection

The exclusive rights conferred on the trademark owner are in compliance with Art 5 of EC TM Directive. Estonian courts rely on the court practice of the ECJ in trademark infringement disputes. The Supreme Court of Estonia has stated that in a situation where there is no practice concerning the application of certain provisions, but such practice has evolved elsewhere concerning the particular provision, it is possible to take into account the laws and

practice of other states. This is necessary first of all in the interpretation and application of national provisions enacted on the basis of European Union law. If it is necessary to interpret and apply national norms when implementing EC TM Directive in order to solve the dispute, it is possible to consider the court practice of other member states of the European Union besides the practice of ECJ.²¹²¹Estonian Supreme Court 21 December 2004, 3-2-1-145-04, Estonian Supreme Court 30 March 2006, 3-2-1-4-06.