- Trademarks Act 10.1.1964/7 (Unofficial translation)(Amendments up to 2004/1220 included)
- Chapter I - General Provisions
- Chapter II - Registration of Trademarks
- Chapter III - Expiry of Legal Protection and Invalidity of Registration
- Chapter IV - Special Provisions for the Protection of Foreign Trademarks
- Chapter V - Assignment and Licensing
- Chapter VI - Prohibition on the Use of Misleading Trade Symbols
- Chapter VII - Consequences of Infringement of Trademark Rights
- Chapter VIII - Litigation Concerning Trademarks
- Chapter IX - Public Notices, Notifications, Appeals and Revocation of Decisions
- Chapter X - International Registration of Trademarks
- Chapter X - A Community Trade Mark
- Chapter XI - Enforcement and Implementation of the Act
Trademarks Act 10.1.1964/7 (Unofficial translation)
(Amendments up to 2004/1220 included)
Chapter I
General Provisions
Article 1
Registration shall confer exclusive rights in a trademark as a special symbol for distinguishing goods to be offered for sale, or otherwise purveyed in business, from those of others.
Any kind of mark that can be represented graphically and by means of which goods marketed in business can be distinguished from those of others may be a trademark. A trademark may in particular consist of words, including personal names, figures, letters, numerals or the shape of goods or of their packaging.
The provisions of this Act concerning goods shall apply by analogy to services.
Article 2
Exclusive rights in a trademark may be acquired, even without registration, after the mark has become established.
Exclusive rights in symbols other than the special business symbols defined in the second paragraph of Article 1 may also be acquired through their becoming established.
A trade symbol shall be considered established if it has become generally known in the appropriate business or consumer circles in Finland as a symbol specific to its proprietor's goods.
Article 3
Any person may use his surname, address or trade name in his business as a trade symbol for his goods unless that use is liable to cause confusion with another's protected trademark, or with a name, address or trade name already being lawfully used by another in his business.
The foregoing provision on trade names applies also to the auxiliary trade name and secondary symbol referred to in the Trade Names Act.
The name or trade name of another may not be included in a trademark; neither may the auxiliary trade name or secondary symbol of another be included in a trademark except where they lack distinguishing power or where the branches of trade or kinds of goods concerned are different.
Article 4
The effect of the rights in a trade symbol provided for in Articles 1 to 3 of this Act is that no one other than the proprietor of the trade symbol may use in his business any symbol liable to be confused with it for his goods, whether on the goods themselves or on their packaging, in advertising or commercial documents, or in any other way, including oral use. This provision shall apply regardless of whether the goods are offered or intended to be offered for sale in Finland or abroad, or are imported into the Finnish territory to be used, kept or stored for business purposes or to be forwarded to a third country.
Where spare parts, accessories or the like that are suitable for use with another's goods are offered for sale, it shall be unlawful to allude, in the manner specified in the first paragraph of this Article, to the trade symbol of the other party in any way liable to create the impression that the goods offered for sale originate with the proprietor of the said trade symbol or that the proprietor has permitted the use of the trade symbol.
If goods are offered for sale under a particular trade symbol, and if thereafter a person other than the proprietor of the trade symbol substantially alters them by modification or repair or in another comparable manner, the trade symbol may not be used when the goods are once again offered for sale in Finland unless the alteration is clearly pointed out or announced, or is otherwise plainly apparent.
Article 5
The exclusive rights in a trade symbol shall not apply to any part of it that is intended mainly to render the goods or their packaging more suitable for their purpose, or serves some other purpose different from that of a trade symbol.
Article 6
Trade symbols shall be regarded under this Act as liable to cause confusion only if they apply to goods of identical or similar type.
Notwithstanding the foregoing, the confusability of trade symbols may be judged in favor of a symbol that has a reputation in Finland where the use of another's trade symbol without due cause would constitute unfair exploitation of, or action detrimental to, the distinctive character or fame of the earlier trade symbol.
The second paragraph of this Article shall apply also to the auxiliary trade names and secondary symbols referred to in the third paragraph of Article 3.
Article 7
Where two or more parties demand exclusive rights under Article 1 or Article 2 in confusingly similar trade symbols, preference shall be given to the party who can claim the earliest entitlement, subject to the provisions of Article 8 or 9 below.
Article 8
Even where a registered trademark that has been used in Finland for a period of five consecutive years is liable to be confused with a mark registered or established earlier the use of the later mark may not be prohibited provided that the application for registration was made in good faith and the proprietor of the earlier mark was aware of the use of the later mark for the said period.
Article 9
Where an established trademark is liable to be confused with another trademark registered or established earlier, but the proprietor of the earlier trademark has not acted within a reasonable period of time to prevent the use of the later trademark, he shall no longer be entitled to prohibit the use of the later trademark.
Article 10
In the cases referred to in Article 8 or 9 it may be decided, where reasonable, that either or both of the trade symbols may only be used in a particular manner — for example, shaped in a particular way, or with the addition of a place-name or some other explanatory feature.
The first paragraph of this Article shall apply also if there is a risk of confusion in a case provided for in the first or second paragraph of Article 3.
Article 10 a
The proprietor of a trademark may not prevent the use of the trademark on goods that the proprietor, or another person with his consent, has placed on the market under his trademark within the territory of the European Economic Area.
The foregoing paragraph shall not apply if the proprietor has justified grounds for objecting to the goods being once again placed on the market, in particular if alterations have been made to the goods or if they have deteriorated after having been placed on the market.
Article 11
At the request of the proprietor of a registered trademark, the author, editor or publisher of a dictionary, glossary, manual or other similar printed or in a data network released publication shall ensure that the trademark is not reproduced in the publication without a mention that the trademark is registered.
Any person who fails to observe the foregoing paragraph shall ensure that a correction is published in the manner and to the extent considered reasonable, and shall bear the cost of publishing the correction.
Chapter II
Registration of Trademarks
Article 12
A Register of Trademarks shall be kept by the National Board of Patents and Registration of
Finland.
Article 13
To be eligible for registration, a trademark must be capable of distinguishing its proprietor's goods from those of others. A mark that denotes either alone or with only few alterations or additions, the kind, quality, quantity, use, price or place or time of manufacture of the goods shall not, as such, be regarded as distinctive. Neither shall a mark be regarded as distinctive, if it is solely composed of a form that is characteristic of the goods, necessary for achieving a technical result or that substantially increases the value of the goods. In assessing whether a trademark possesses distinguishing power, all the factual circumstances shall be borne in mind, particularly the length of time and extent to which the mark has been used.
Article 14
A trademark shall not be registered:
(1) if it is contrary to law and order, or to morality;
(2) if it is liable to mislead the public;
(3) if, without proper permission, it incorporates national armorial bearings, a national flag or other emblem, a sign or hallmark indicating control and warranty used by the State for goods of the same type as those for which the trademark is sought or a similar type, the armorial bearings of a Finnish commune, or the flag, armorial bearings or other emblem, name or abbreviated name of an international organization or any device or emblem, name or abbreviated name liable to be confused with the symbols or emblems, marks, names or abbreviations referred to in this item;
(4) if it is composed of or contains anything likely to give the impression of being the protected trade name of another or the auxiliary trade name or secondary symbol of another as referred to in the third paragraph of Article 3, or of being the name or likeness of another person, unless such name or likeness plainly relates to a person long dead;
(5) if it is composed of or contains anything likely to give the impression of being the title of another's protected literary or artistic work, such title being original in character, or if it constitutes an infringement of another's copyright in such a work or of his rights in a photographic illustration or a protected design;
(6) if it is liable to be confused with the name or protected trade name of another trader, with an auxiliary trade name or secondary symbol of the kind referred to in the third paragraph of Article 3, with the trademark of another which has been registered on the basis of an earlier application or with the trade symbol of another party that is already established when registration is sought;
(7) if it is liable to be confused with a trade symbol being used by another party for his goods at the time of the application, and if the applicant was aware of that use at the time of his application and had not used his own mark before the other trade symbol came into use;
(8) if it is liable to be confused with a trademark protected by an international registration valid in Finland or the European Community that on the basis of this registration enjoys an earlier right in Finland or the European Community;
(9) if it is liable to be confused with a Community trade mark within the meaning of Article 57 that has been registered on the basis of an earlier application or that has seniority from Finland under Article 34 or 35 of the Council Regulation referred to in Article 57;
(10) if it is liable to be confused with a registered name of a plant variety; or
(11) if there is an obstacle to registration within the meaning of Council Regulation (EEC) No. 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs.