Trademarks Law in Finland
Absolutely! Here’s a detailed overview of Trademark Law in Finland:
Trademark Law in Finland
Legal Framework
Trademark protection in Finland is governed by the Finnish Trademarks Act (Trademark Act 7.4.1964/484), last updated in line with EU directives.
Finland is a member of the European Union, so EU Trademark Regulations also apply.
Trademark registration and administration are handled by the Finnish Patent and Registration Office (PRH).
Finland is also a party to international treaties like the Paris Convention, Madrid Protocol, and TRIPS Agreement.
Key Features
1. What Can Be Registered as a Trademark?
A trademark can be any sign capable of distinguishing goods or services of one undertaking from those of others, including:
Words, names, letters, numbers
Logos, symbols, and designs
Three-dimensional shapes
Colors or color combinations
Sounds and holograms (in some cases)
2. Types of Trademarks
National trademarks: Registered via the Finnish Patent and Registration Office (PRH).
European Union Trademarks (EUTM): Valid across all EU member states, including Finland.
International trademarks: Registered via the Madrid Protocol, designating Finland.
3. Registration Process
File application with the Finnish Patent and Registration Office (PRH).
Examination includes:
Formal requirements
Absolute grounds (distinctiveness, descriptiveness)
Relative grounds (conflicts with earlier marks)
Publication for opposition (3 months).
If no opposition, registration is granted.
4. Duration and Renewal
Initial protection lasts 10 years from the filing date.
Can be renewed indefinitely for further 10-year periods.
Renewal applications must be submitted before expiry (with a grace period and additional fees allowed).
5. Rights Conferred
Exclusive rights to use the trademark in Finland for the registered goods/services.
Right to prevent unauthorized use of identical or confusingly similar marks.
Rights to license, assign, or enforce the trademark.
6. Infringement and Enforcement
Remedies include:
Injunctions
Damages
Seizure and destruction of infringing goods
Criminal sanctions may apply for counterfeiting.
Customs authorities may assist in border enforcement.
Court enforcement can be both civil and criminal.
7. International Treaties and EU Law
Finland is a party to:
Paris Convention
Madrid Protocol (WIPO international registration)
TRIPS Agreement
Nice Classification system for goods and services
EU Trademark Regulation applies fully since Finland is an EU member.
Summary Table
| Feature | Description |
|---|---|
| Governing Law | Finnish Trademark Act; EU Trademark Regulation |
| Registration Authority | Finnish Patent and Registration Office (PRH) |
| Protection Duration | 10 years, renewable indefinitely |
| International System | Madrid Protocol, EU Trademark |
| Enforcement | Civil and criminal remedies; customs measures |
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