English
The average time frame for the registration approval is 10 months, if no objections or oppositions arise.
A registered trademark in this jurisdiction is protected in all geographical areas of Finland and the Aland Islands.
Yes. All applicants are mandated to submit a power of attorney.
Yes. Pre-filing use lets the applicant show the mark’s distinctiveness and overcome challenges based on non-distinctiveness.
Unless a valid reason can be provided, a trademark that is not in used for 5 consecutive years will be cancelled by a civil court order.
Marks that can be replicated graphically and can help distinguish a good/service from its counterparts are acceptable for registration. It can be a:
- Name
- Word
- Slogan
- Colour
- Device
- Shape (must be 3-dimensional)
- Sound
- Smell
- Motion
- Hologram
- Trade dress
- Touch
- Taste
The sequence of the application procedure is as follows:
- Examination – The trademark examiners will look at the application’s formality, clarity, classification, deceptiveness, distinctiveness, descriptiveness and conflicts with prior applications.
- Registration – The application will go through a prosecution process and if there are no grounds for refusal, the registration certificate will be issued.
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Publication – The following particulars will be published in print and online:
- mark
- applicant’s country of incorporation
- goods/services
- name, citizenship and address of applicant
- date and number of application
- priority claim
- representation
- status
These marks are prohibited from registration:
- Marks that contradict morality and public policy
- General words or generic terms
- Marks that do not display acquired distinctiveness
- Marks that serve primarily as a surname
- Marks that use flags, names or symbols of states, regions, nations and international organizations
- Marks that serve principally as names of geographic locations
Yes. This jurisdiction uses the Nice Classification system. However, it use for administrative importance only without any legal bearing.
Yes. Community Trademark registration is effective in Finland.
Yes. The date of your home application can be claimed as the application date in Finland if:
- Your home country is a signatory of the Paris Convention
- The home application date is within 6 months prior to the application date in Finland
The mark must be active within 5 years from the registration date. It must be for commercial use and must occur in Finland.
Registered marks in Finland are initially valid for 10 years counting from the date of its registration.
The first renewal will be on the 10th year from the date the registration was granted.
Yes. You may legally use a mark for selling goods/services even if it’s not yet registered.
Owners are mandated by law to register their marks if they want to establish rights. The first-to-file rule is effective in Finland. However, extended use is also another way to establish rights.
The national trademark office of Finland is available at: https://www.prh.fi/en/index.html
No. This jurisdiction does not require applicants to use or to intend to use the mark before registration.
The following are grounds for a trademark application to be opposed:
- Conflicts with an earlier registered mark (proprietary rights)
- Mark is in conflict with standards of morality or public policy
- Mark is descriptive, functional, misleading, disparaging, deceptive, non-distinctive, or generic
- Mark is in conflict with a registered design
- Mark is in conflict with a personal name
- Mark uses a geographical indication
- Breach of copyright
- Mark is in conflict with a notorious mark
- Mark is in conflict with a trade name
- Mark was registered under the agent or representative’s name
- Mark uses protected armorial bearings, emblems or flags without authorization
Any interested party may contest the registration.
Yes. Registration can be cancelled on the following grounds:
- Conflicts with registrations that are filed earlier (proprietary rights)
- Unmet Use Requirements under Section VIII.A.
- Mark is in conflict with moral standards and public policy
- Mark is in conflict with a registered design
- Mark is in conflict with a personal name
- Mark uses a geographical indication
- Mark is descriptive, not distinctive, deceptive, disparaging, misleading or function
- Mark is generic
- Breach of copyright
- Conflict with notorious or famous marks
- Registration under agent or representative’s name
- Mark is in conflict with trade names
- Mark uses a protected armorial bearing, flag or emblem without authorization
Yes. Owners of a registered mark in this jurisdiction secure the following rights:
- Exclusive rights to utilize the mark
- Rights to challenge later conflicting applications
- Rights to appeal for the cancellation of later conflicting registrations
- Rights to take legal actions against infringing parties
- Rights to receive payment from third parties for infringement
- Rights to authorize or license third parties to use the mark
- Rights to appeal for seizure of fake imported goods
The opposition period starts on the publication date and ends two months after that date.
Yes. Madrid Protocol is effective in Finland.
Periodic statements of use are not needed.
Renewals are made every 10 years.
The first renewal will be on the 10th year from the date the registration was granted.
If there are no changes in the registration details, no documentation is needed.
After the mark has expired, a grace period of 6 months is available.