English
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.