- 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 XI Enforcement and Implementation of the Act
Trademarks Act (Unofficial translation)
(No. 7 of January 10, 1964, as amended by Acts No. 552 of August 21, 1970, No. 176 of February 20, 1976, No. 996 of December 16, 1983, No. 581 of June 26, 1992, No. 1038 of November 13, 1992, No. 39 of January 25, 1993, No. 716 of April 21, 1995, No. 1699 of December 22, 1995, No. 1715 of December 22, 1995 and No. 56 of January 21, 2000, No. 1220 of December 21, 2004, No. 680 of July 21, 2006)
Chapter I General Provisions
Section 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.
Section 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 Section 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.
Section 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.
Section 4
The effect of the rights in a trade symbol provided for in Section 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 Section, 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.
Section 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.
Section 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 Section shall apply also to the auxiliary trade names and secondary symbols referred to in the third paragraph of Section 3.
Section 7
Where two or more parties demand exclusive rights under Section 1 or Section 2 in confusingly similar trade symbols, preference shall be given to the party who can claim the earliest entitlement, subject to the provisions of Section 8 or 9 below.
Section 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.
Section 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.
Section 10
In the cases referred to in Section 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 adddition of a place-name or some other explanatory feature.
The first paragraph of this Section shall apply also if there is a risk of confusion in a case provided for in the first or second paragraph of Section 3.
Section 10a
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.
Section 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
Section 12
A Register of Trademarks shall be kept by the National Board of Patents and Registration of Finland.
Section 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.
Section 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 Section 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 Section 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 Section 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 Section 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.
In the cases referred to in items (4) to (9), registration may be granted if the person whose right is concerned agrees thereto, and provided that the registration does not contravene any of the other provisions of the first paragraph of this Section.
Section 15
The exclusive rights in a trademark acquired by registration do not cover any part of the mark that cannot be registered as such.
If the trademark contains any such part and there are special reasons to believe that its registration may cause uncertainty regarding the extent of the exclusive rights granted, protection of the part may be specifically disclaimed when the registration is made.
If a part of a trademark excluded from protection later becomes registrable, a new registration may be made to cover that part or the entire trademark without the exclusion of the part from protection.
Section 16
A trademark shall be registered in one or more classes of goods. The classification of goods shall be established by the National Board of Patents and Registration of Finland.
Section 17
The application for registration of a trademark shall be filed in writing with the registering authority. The application shall indicate the name or trade name of the applicant and the goods and classes of goods for which the mark is intended. The mark shall be clearly shown in the application.
A filing fee shall be paid on the filing of the application. The application shall not be considered filed until the fee has been paid.
Section 17a
If an application relates to several goods, part of these may at the applicant's request be divided into one or more applications in a manner to be laid down more specifically by decree. The filing date of the original application shall be considered to be the filing date of these applications. If some of the goods in the original application enjoy priority earlier than the filing date, the priority shall accompany the goods in the divisional application.
The provisions of the first paragraph in respect of an application shall mutatis mutandis also apply to registration.
Section 18
If a trademark that the applicant first used on goods shown at an international exhibition is filed for registration within six months of the date on which the goods were first exhibited, the application shall be regarded as having been made on the said date for the purpose of determining priority over other applications for trademarks or the use of other trade symbols.
Section 19
If the applicant fails to observe the regulations concerning the filing of an application, or if the registering authority finds that the application cannot be approved for some other reason, the applicant shall submit a statement or rectify his application within a specified time; if he does not his application may be dismissed.
If the registering authority considers the application unacceptable even after the applicant has submitted a statement, the application shall be rejected to the extent there is an obstacle to its acceptance unless there is cause to set a new time limit.
Section 20
If the application complies with the requirements to which it is subject, and if no obstacle to registration has emerged in connection with it, the registering authority shall enter the trademark in the Register and give public notice thereof.
Any opposition to the registration of the trademark shall be filed in writing with the registering authority within two months of the date of the public notice.
Even if the person who filed the opposition withdraws it, the matter may nevertheless be examined if there are special reasons for doing so.
Section 21
After an opposition, the registering authority shall revoke the registration to the extent there is an obstacle to registration. Once a decision to revoke a registration has acquired legal effect, public notice shall be given thereof.
The registering authority shall reject the opposition if no obstacle to registration is found.
Section 22
Registration shall take effect on the date on which the application was filed and shall remain in force for ten years from the date of registration.
Registration may not be renewed earlier than one year before or later than six months after it expires.
Renewal shall be requested in writing from the registering authority if the proprietor wishes to alter any of the particulars entered in the Register, or if no entries have been made in the Register concerning the classes to which the goods belong. In other cases registration shall be considered renewed once the renewal fee has been paid.
The provisions of Section 19 above shall apply as appropriate to the prosecution of applications.
Section 23
If the proprietor of a registered trademark so requests, minor changes that do not alter the overall impression of the trademark may be entered in the Register.
Chapter III Expiry of Legal Protection and Invalidity of Registration
Section 24
If the proprietor of a registered trademark fails to request renewal of the registration under Section 22, the trademark shall be removed from the Register.
A trademark shall also be removed from the Register while the registration is still valid if the proprietor so requests. If, according to an entry in the Register, the trademark is pledged, it may not be removed from the Register without the consent of the pledgee.
At the request of the proprietor of the trademark, the list of goods or of classes of goods for which the mark has been registered may be limited. The provision in the foregoing paragraph concerning the consent of the pledgee shall also apply.
Section 25
If a trademark has been registered in breach of the provisions of this Act, the registration shall be declared null and void unless the provisions of Section 8 or 9 apply or some other change of circumstances affects the issue.
Section 26
The exclusive rights in a trademark shall be invalidated:
(1) if it is obvious that the mark has lost the power to distinguish its proprietor's goods from those of others that it had when it was registered or became established; (2) if the mark has become misleading or contrary to law and order or morality since it was registered or became established.
A trademark registration shall be invalidated if the trademark has not been used for the last five years and the proprietor is unable to give a proper reason for the non-use. Use of a trademark with the proprietor's consent shall be considered equivalent to use by the proprietor. Invalidation of a registration may not be sought, however, if the trademark has been used after the expiry of a five-year period of non-use but before the request for invalidation. In such case any use of the trademark that occurred during the three months preceding the request for invalidation shall not be considered if the preparations for use commenced only after the proprietor became aware that a request for invalidation might be filed.
If the ground for invalidation of a registration concerns only some of the goods for which the trademark has been registered, the registration will be invalidated only in respect of those goods.
Section 27
A court of law shall rule on whether to invalidate a registration and declare a trademark forfeit when a suit to that end is brought against the proprietor of the mark.
A suit of the kind referred to in the foregoing paragraph may be brought by any person who has suffered a prejudice due to the registration. If the case is based on Section 13, on items (1) to (3) of the first paragraph of Section 14 or on Section 26, the suit may also be brought by the Public Prosecutor or by a body safeguarding the interests of the persons carrying on the trade or profession concerned.
If the plaintiff so requests, an entry to the effect that a suit has been brought shall be made in the Register.
Chapter IV Special Provisions for the Protection of Foreign Trademarks
Section 28
If a trademark applicant does not carry on his business in Finland, his application must be accompanied by a certificate to the effect that he has had the same trademark registered for the same goods in the foreign country in which he carries on his business or is domiciled, or of which he is a national.
No certificate of the kind referred to in the foregoing paragraph shall be required if the foreign country does not require a similar statement from a person who is a Finnish national, or is domiciled or carries on his business in Finland.
Section 29
A trademark registered in a foreign country may be registered in Finland in the form in which it is registered in the foreign country, provided that reciprocal rights exist, that the registration does not contravene Section 13 or 14 and that the trademark has not lost its distinguishing power.
Notwithstanding the provisions of the foregoing paragraph, minor changes may be made on the basis of reciprocity when a foreign trademark is registered, provided that they do not alter the general impression of the trademark.
Section 30
The Government may decree that an application for registration of a trademark in Finland if the same trademark has previously been filed for registration abroad, shall at the applicant's request be considered, in relation to other applications or trade symbols in use, to have been made at the same time as the application filed abroad.
Conditions governing the grant of priority under the foregoing paragraph may also be laid down by decree.
Section 31
An applicant for a trademark registration or proprietor of a registered trademark not domiciled in Finland shall appoint a representative resident in Finland to represent him in all matters concerning the trademark. A Finnish corporate body may also act as a representative. The name of the representative shall be entered in the Register. Any person not domiciled in Finland who has filed an opposition shall appoint a representative resident in Finland to represent him in the opposition proceedings.
If the applicant for a trademark registration or the proprietor of a registered trademark does not have a duly authorized representative, the registering authority shall, using his last known address, invite him to remedy the situation within a prescribed time limit, on pain of the application being considered withdrawn or the mark being removed from the Register. If the registering authority has no address for the applicant or proprietor, a public notice has to be published in the Trademark Gazette.
Chapter V Assignment and Licensing
Section 32
A trademark may be transferred to another party; the transfer may relate to either all or some of the goods for which the trademark has been registered or has become established.
When a firm holding a trademark passes into new ownership, the trademark shall accompany the property unless the condition has been made that it shall remain with the previous owner, or that both the previous and the new owner of the firm may use it for different kinds of goods.
Section 33
The transfer of a registered trademark shall be recorded in the Register on request. If the registering authority finds that use of a trademark after such transfer is clearly liable to mislead the public, permission to record the transfer in the Register shall be withheld unless the misleading element is removed by means of a change or addition to the trademark.
A transfer not recorded in the Register shall not affect a third party who has obtained the trademark in good faith.
If any person wishes to pledge his trademark rights, a written agreement shall be made and entered in the Register. No right of pledge shall be valid until such an entry has been made.
Section 34
The proprietor of a registered trademark may license another person to use it in his business without relinquishing property rights in the trademark. A license may concern the whole or part of the country, and it may cover either all or part of the goods protected by the registration. The number of licensees may be one or more. On request, such a license shall be entered in the Register. The registering authority may refuse entry, however, if use of the licensed trademark is clearly liable to mislead the public. When a license is proved to have expired, the entry shall be deleted from the Register.
A license not entered in the Register shall not affect a third party who has obtained the trademark in good faith.
Unless otherwise agreed, the licensee may not transfer his rights to a third party.
Section 35