The Trade Mark Regulation

Original Language Title: Tavaramerkkiasetus

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Read the untranslated law here: http://www.finlex.fi/fi/laki/ajantasa/1964/19640296

The presentation provides the Minister of trade and industry on 10 January 1964, on trademark law (7/64) in accordance with article 58: Chapter 1 section 1 of the trade mark registry (on 20 March 1992/258), section 1, is repealed on 20 March 1992 A/258.


section 2 of the National Board of patents and registration in the register, the trademark has to be taken when the mark has been registered. The registry should include: 1) the trademark application number and filing date of the application or of the filing date, which will be considered;
2 the registration number and the date of registration);
3.) the holder's name or business name and the address;
4) in connection with any trademarks or service referred to in the registration categories and goods or services;
5) note regarding the use of the collective mark;
6) indication that the registration is not valid;
7) the holder of trademark law (7/1964) under section 56 (g) in accordance with the entry;
8) trademark law under section 56 (i), (j), section 56, subsection 2, and section 57 (a) in accordance with the measure;
9) entry in the stock character of a measure in accordance with article 52 of the law;
10) that the application for registration, or is separated from the previous application or registration, as well as the number of the earlier application or registration.
(on 13 April 2000/370)
The holder of trademark law from the protection referred to in article 15 (Disclaimer), as well as of the same Act, section 18 and 30 for the privilege must also be entered in the register. Also the colors shall be entered in the character and, at the discretion of the authority, the other character. (on 20 March 1992/258)
Unless the holder of the trade mark in Finland, the holder of the agent in the register, for the record. The case of the man who will let me make the entry to the registry, the Authority considers it necessary.


the renewal of the registration of the application of paragraph 3 shall, without delay, carry out an entry in the registry by mentioning the date of entry. When the matter has been resolved, the decision shall be entered in the register. If the indicator is reformed to another like it, that last is marked by the trademark holder is at the same time, the entries made in the register of the new holder.
When a trademark registration shall be renewed under section 22 of the law, in accordance with the run the renewal fee, shall be made on the reform of the entry in the registry. (by judgment of 22/188)
Where was the holder of trademark law, paragraph 17 (a) the application for registration, it shall, without delay, carry out an entry in the registry. When the matter has been resolved, the decision shall be entered in the register. (on 13 April 2000/370) (20 March 1992/259) When the holder of trademark will be deleted from the register of trade mark law of 24 to 26 or pursuant to article 31, the date and the subject of the measure is to be entered in the register.


section 5 of the Act, paragraph 33 or 34 of the mark or of the request for a licence is made, the labelling is, without delay, take the statement in the registry. Then, when the registration authority in the case, the decision shall be entered in the register. If the application is granted, shall be recorded in the name of the new holder or the licensee or the name and domicile as well as the out-or of the date of the licensing contract. A split of the licensing contract, the registration authority shall, in its sole discretion, in the case of each of the different, significant restrictions on the right of the licensee, which are set forth in the end user license agreement.
The holder of trademark law, section 33 (3) of the Treaty at the request of the pledge in the register referred to in labelling the labelling and the issue to be resolved without delay. The decision and the date is entered in the register, and, if the request is granted, the holder of a lien in addition to the major, the name or business name and permanent address and the emergence of the right of pledge and pledge of the dates.
When the licensee or the lien will be hung, is recorded in the register and shall indicate the date and the subject of the measure. (on 20 March 1992/258)
The trademark to another on the transition to the other case mentioned in paragraph 1 shall also be recorded in the register.


section 6 registry entries must also be made other than those mentioned in articles 2 to 5 of the National Board of patents and registration decisions and measures relating to the trade mark registered, then the registration authority other than the judgment sent also in section 4 of the trade mark, referred to in the decision, the Court immediately if the measure or is the holder of trademark in the register.


6 (a) in the section (by judgment of 22/188) 3 section of the registry entries referred to in the form of a copy of the delivery of the registration to be issued to the applicant.
Chapter 2 Application the holder of trademark application for a trade mark case, paragraph 7, of the fact shall be made in writing and signed by the applicant or his agent. The application of the registration authority to be given in annex oikeasi vieraskielisestä is proven based on or ruotsinnos, if the authority so requires.


section 8 in respect of each application for registration of a trade mark to be different from that of the application. As well as to the action to an application in relation to a trade mark means any other action that may be appropriate.
If the applicant wishes to extend the registration to other than that referred to in the application for the type of goods, is about to do a different application.


under section 9 of the application for registration of the trade mark shall consist of: 1) the applicant's name or corporate name and permanent address and the address of the store;
2) when the applicant is represented by an agent, the name, domicile and address;
3) trademark pattern, words, letters or numbers, or the inherent I live in as a picture; as well as 4), a statement of the goods or services for which the mark is requested for registration, as well as the class to which the goods or services, in each case, in the opinion of the applicant, are to be classified.
(by judgment of 22/188) is repealed by A by judgment of 22/188.

If the application refers to the registration of a trade mark as a word in a specific pattern or the weight of the outfit, a letter, a number, or a combination of the two, the application shall be accompanied by the 10 songs arkistointikelpoiselle toisintamiskelpoista character to the image size on the paper obtained a maximum of 8 x 8 cm. If the registration is requested in consequence of the application of the mark in color, in addition to the listed colors. (on 20 March 1992/258) 4 article has been repealed A 20 March 1992/258.

If the applicant engaged in industry in Finland, is accompanying his country's trade mark registry extract, which shows that the trade mark is registered, the goods there for him for that application in this country means (domestic). In some countries the liberalisation of the domestic licence is provided for traders to submit the holder of trademark law. (23.2.1979/209)
The application for registration of the collective mark, that is, must also be accompanied by yhteismerkkilain (795/80) the documents referred to in paragraph 3. (13.2.1981/133) section 9 (a) (13 April 2000/370) to differentiate between the application of trademark law in accordance with article 17 (a), the applicant must make a new application for the same mark, which is separated from the part of the original application. At the same time, shall be submitted in the original application (the application) for inclusion in the list of goods that will remain in the database application. The new application is to occur, it is separated from the previous application, and a new application must be made in the trademark, in accordance with article 17(1) of the law.


section 10 of the registration of the trade mark, in case the applicant must, when it is deemed necessary by the Registrar, in writing, or by any technical measure, that makes the show, explained to the what the sign is intended to describe and which the applicant considers that there is a note. (by judgment of 22/188)
In the case of an application for registration, the applicant shall, if the live registration authority considers it necessary, give this model the authority.


Article 11 of the trademark law under section 20 of the Act or section 56 c subsection 2 of intended for the notice of opposition shall be filed in writing and shall provide the Board of patents and registration of Finland ambiguous. The claim document attachment is also, if possible, be provided in duplicate. The claim on which it is based and shall specify, what goods or services it applies to. (by judgment of 22/188)
As a result of the claim to the explanation of the rule is to be applied, or what has been said in the first paragraph.


section 12 (by judgment of 22/188) the renewal of a registration application shall include: 1) the applicant's name or corporate name and permanent address and the address of the store;
2) a new agent name, domicile and address;
3) announcement of the cuts, which the applicant in the field of protection wants to direct, as well as in such a case, the goods or services in the opinion of the applicant for registration and of the categories, which then should be to grasp; as well as 4) statement to the class to which the goods or services, in each case, in the opinion of the proprietor of the trade mark belongs to, provided that this has not already been entered in the register.
When the registration of the trade mark under section 22 of the law, renewed by completing the renewal fee, the registration number, the name and address of the payer.


section 13 of the registered trade mark trade mark pursuant to article 23 of the law's amendment under each application shall include: 1) the applicant's name or corporate name and permanent address and the address of the store;
2) a new agent name, domicile and address, as well as (16.12.1983/997) 3) bear a clearly visible acknowledgement of the change in the character of which the applicant wants to direct.
If the applicant is other than the one that has been entered in the register as proprietor of the mark, the application shall be accompanied by a document indicating the applicant's right to the mark.
The application shall be accompanied by the images of the mark referred to in article 9, or color images. (23.2.1979/209)



The application, which means the transfer of a registered trade mark, or any other of the other on the transition to the trademark in the register, the applicant shall include the same information as in article 9. If a Notifier is other than the holder of the trade mark, the application shall include a new this consent to the requested measure.
The application shall be accompanied by: 1) the document, which shows the character of the transition and what goods or services, unless it relates to the registration of the transfer of the full mean and 2) the domestic licence, if any, of the trade mark under article 28 of the Act is necessary.
(by judgment of 22/188), section 15, of the Application for registration of a licence in respect of a trade mark shall be made either by the proprietor of the trade mark or the licensee. Such application shall contain a statement of the licensee name, or the name, seat and address of the date of the licensing contract and any restrictions on the right of the licensee agreed. The licensing contract shall be annexed to the application.


section 16 of the application, which means the pledge agreement, shall include the name or business name of the holder of a lien, the Home Office and address as well as the pledge of the date of the agreement. A pledge contract shall be annexed to the application.
Chapter 3 Procedure article 17 registration matters (16.12.1983/997) if the registration of the trade mark was applied in a foreign State that has acceded to the Paris Convention for the protection of the Paris Convention (Treaty Series 43/75), or to the agreement establishing the World Trade Organisation (Treaty Series 5/95), and the registration of the trade mark is applied for in Finland within six months of the submission of the application shall be deemed to be in a foreign State, in Finland with other applications or other identification of the mark in relation to goods have been introduced at the same time as the application in a foreign State. The provisions of this subsection shall also apply if the registration of a trade mark has been applied for in the application for registration on the Finnish outside of the authority of the Contracting State on the application of specific reasons, considers as being an issue. (December 22, 1995/1702)
In order to obtain the applicant's priority right referred to in paragraph 1 is in writing, within one month of the conclusion of the application in Finland and at the same time be informed of where and when the claim to justify the reported application was, as well, as soon as possible, its number. If the privilege is subject to all of the goods or services, shall also inform them of the goods or services for which it is to apply to. (by judgment of 22/188) 17 (a) of section (16.12.1983/997) registration authority may, for a special reason, the decision to invite the applicant to submit the claim within the time requested to verify the certificate of the application based on viranomaisele the claim to the date of arrival and the name of the applicant and a copy of the application and its covered by the trade mark. The certificate must be issued by the authority, which has received a copy of the application, the basis for the claim, and certified by the same authority. The time limit referred to above shall not be ordered to finish before three months have passed since the conclusion of the application in Finland.
Subject to the non-compliance with the decision referred to in paragraph 1, the privilege will not be achieved.


17 (b) of section (by judgment of 22/188) the privilege may be based on only the first of each of the goods or services in respect of the Protocol annexed to the application for registration of the trade mark outside of Finland.


section 17 c (16.12.1983/997) trademark, paragraph 18 of the privilege of the application shall be the date specified in article 17 (2) of the period. The applicant must, where appropriate, to find out that the exhibition is to be regarded as an international player.


section 18 (by judgment of 22/188) When the holder of trademark law under section 20 of the Act or section 56 c subsection for an argument to be made against the registration and the registration of the claim is not clearly in error, the holder of the kehoitettava within a time limit to give a statement.


section 19 in respect of the removal from the register, and the registration of the trade mark matters, which are referred to in the trademark law 23, 33 and 34 of the meneteltäköön, as the same law provided for in article 19 of the registration of the processing of the application.
If the proprietor of the trade mark from the register shall request the use of the permit, and the marking is on the application, if necessary, send a notice of the licensee and an opportunity for the adoption of the Declaration.


under section 20 (by judgment of 22/188) the registration authority has to respond to public inquiries, whether a particular word on the sign marked with a trademark in the register.
Chapter 4, section 21, in accordance with the laws of the alert is a trademark of alerts provided by the National Board of patents and registration shall be published in the trademark Gazette.
The application for the registration of documents, with all the attachments, or documents relating to the international registration of industrial designs shall, within two months of the publication of the alert including kept for inspection by the Board of patents and registration of Finland, who wishes to obtain registration of each information. (by judgment of 22/188) section 22 of the trade mark in accordance with section 20 of the laws of the alert must contain: 1 the public address of the day, if the application is announced) prior to registration;
the application for the trade mark number 2);
3) registration number;
4) trade mark;
the filing date of the application or the date of the 5), which shall be deemed the filing date;
6) the date of registration;
7) the name or business name of the holder and place of residence;
8) if the holder is represented by an agent, the name;
9) those categories of goods or services in the sign of the right should be to grasp;
10) note regarding the use of the collective mark;
11 the number of the international registration and the date of registration), in the case of an application based on trademark law under section 56 (i) or 56 (j) in accordance with article 1 of the international registration;
12) if the application is separated from the previous application, the application number;
13) if the application is separated from the new to the application, this separated the application number;
14) the file number of the Community trade mark application, if the application is based on the trade mark in accordance with article 57 of the law (a) the Community trade mark Office to submit the application.
(on 13 April 2000/370)
In addition, the alert will contain a list of the colors on the label and the registration authority at the discretion of the other mark in the explanation as well as the reference to section 2 of the distinctive character of the statement referred to in paragraph 2, and for the privilege. (on 20 March 1992/258)
The subject must be informed of the possibility of an opposition to registration of the trade mark law, in accordance with article 20. (by judgment of 22/188) 22 (a) of section (by judgment of 22/188) the holder of trademark law in accordance with article 56 (c) issuing an alert shall contain: 1) alert on the day;
2) the international registration number;
3) trade mark;
4 the date of the international registration);
the name or business name of the holder, 5);
6) when the holder of the name, this represents the agent;
7) the goods or services in question, the categories of character right should be to grasp; as well as 8) note regarding the use of the collective mark.
In addition, the alert will contain, if the mark is in color, an indication to that effect, and the registration authority at the discretion of the an explanation of the reference to the distinctive character of the mark as well as any other statement or privilege.
The subject must be informed of the possibility of an opposition against an international registration, the holder of trademark law 56 (c), in accordance with the first subparagraph of article.


section 23 (by judgment of 22/188) the holder of trademark law under section 21 and section 56 (d) in accordance with the third paragraph of the public notice is paid, the registration number and the name or business name of the holder.


section 24 (by judgment of 22/188), section 24, of the trade mark law, and in accordance with article 56 (h) the trademark from the register and a reduction in the field of protection, as well as the holder of trademark law in accordance with article 56 (k) on the reform of the registration number of the call for applications will be announced.


section 25 (13 April 2000/370), the holder of trademark law under section 33, and 34 of the 56 k article mark the transition from the registration of a licence or notice of and the call for applications is paid, the registration number, the new holder and the licensee, the name or business name and address as well as any other information considered necessary by the registration authority of.


section 26 of the registered trade mark of the alert shall contain the registration number, the name of the holder of the mark, as amended, or the name and place of residence.


26 (a) in the section (by judgment of 22/188) the holder of trademark law 56 (g) in accordance with the subject of the article must be mentioned in the korvautuneen in the Finnish registration number and the number of the international registration in force.
Chapter 5, Chapter 5, title is repealed A by judgment of 22/188. (by judgment of 22/188) 27-27-27 (a) of section 27 (a) in the section has been repealed A 3.12.1976/943.


Chapter 6 miscellaneous provisions article 28 of This Regulation shall enter into force on 1 June 1964. As of: the provisions amended in certain foreign patents and the protection of tavaraleimain, the regulation of 30 September 1921 (230/21), if it is still valid;
patent and trade stamp issues in terms of payments, the regulation of 15 July 1963 (383/63), if it is provided in the area of payments/stamp; as well as the registration of the tavaraleimain Declaration of 4 April 1889.


Article 29 of the



Before the application for registration of the trade mark, which has been made, but will not be solved before 1 June, 1964, a public notice from the holder of trademark law under article 20, an applicant will carry out the payments listed in section 27. The fee is determined by the number of the classes that an application to include the kuulutettaessa. An extra fee vähennettäköön, what the applicant in the past is accompanied by the payment run. When such an application kuulutettaessa does not include more than three categories, let the registration fee in addition to any other charges paid to the applicant perittäkö.
When, before 1 June, 1964, was leaving the old, the application will be rejected, or is cancelled, the registration fee shall be paid to applicants back to the half of the tests carried out.


section 30 of the If on 1 June, 1964, is the reform of the present application for a trade mark, that the registration period has expired before that date, let not the applicant, which already has passed the patent-and trademark stamp issues in accordance with the regulation on the fees to be paid by the fees prescribed in the order, perittäkö will no longer change. In other cases, it is the reform of the applications that are on the table on 1 June 1964, to charge fees in accordance with the provisions of this regulation.


section 31 (18.7.2013/579) section 31 is repealed by A 18.7.2013/579.

The change of the date of entry into force of the acts and application: 26.3.1976/271: This Regulation shall enter into force on 1 April 1976, however, that under section 9 of the regulation, paragraph 5, and article 12 (3) and section 17 of the regulation, in so far as the latter is provided for the period within which the privilege claim here must be submitted after the entry into force of the regulation, the provisions shall apply to the applications made.




3.12.1976/9: This Regulation shall enter into force on 1 February 1977, provided, however, that the trade mark application it shall apply from 1 February 1977 to applications made. This Regulation shall be repealed with effect from 4 January 1968 on the pantenttiasetuksen (4/68) of section 53 and 49, 50, 51, 52 and 52a of the section as they are laid down in the regulation of 19 September 1975 (738/75), 29 May 1964, on the day of the trade mark regulation (295/64), section 27, as it is a regulation adopted on 19 September 1975 (740/75) and 27a section as it is a regulation of 26 March 1976 (271/76) , 2 April 1971 on the legal regulation (252/71), section 32 and sections 29, 30 and 31 as they are laid down in the regulation of 19 September 1975 (739/75), the appeal fee for a patent, model, trademark, as well as in matters relating to the trade register on 19 September 1975 (741/75) as well as the patent regulation of 10 October 1969 (636/69) section 6.




23.2.1979/209: This Regulation shall enter into force on 1 April 1979.
Before the entry into force of this regulation, the registration of the application for asylum lodged in one of the attached picture instead of the tile, the applicant may attach to the application of article 9 (3) or (4) of the trade mark as referred to in the pictures.




13.2.1981/133: This Regulation shall enter into force on 1 March 1981.




16.12.1983/997: This Regulation shall enter into force on 1 January 1984.




on 20 March 1992/258: This Regulation shall enter into force on 1 April 1992.




December 22, 1995/1702: This Regulation shall enter into force on 1 January 1996.
This Regulation shall apply to applications for concluded after the entry into force.




by judgment of 22/188: This Regulation shall enter into force on 1 April 1996.




on 13 April 2000/370: This Regulation shall enter into force on 1 May 2000.




18.7.2013/579: This Regulation shall enter into force on 1 September 2013.