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The Trade Mark Regulation

Original Language Title: Tavaramerkkiasetus

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Trademark Regulation

See the copyright notice Conditions of use .

The presentation of the Minister for Trade and Industry is laid down in the trademark law of 10 January 1964. Article 58 of the ec Treaty Pursuant to:

CHAPTER 1

Trademark register

ARTICLE 1 (20.3.1992/258)

Paragraph 1 has been repealed by A 20.3.1992/258 .

ARTICLE 2

The Patents and Registration Board shall enter a mark in the Register of Trade marks when the mark is registered. The register shall contain:

(1) the application number of the trade mark and the application date or the date of application, which shall be regarded as the date of application;

(2) registration number and date of registration;

(3) the name or business name and address of the holder;

(4) categories of goods or services and goods or services covered by the registration;

(5) a possible note on the common label;

(6) the indication that the registration is not legal;

(7) trademark law (7/1964) Article 56g The entry under paragraph 2;

(8) measure in accordance with Article 56i (2), Article 56j (2) and Article 57a of the Trade Marks Act;

(9) an indication of a measure pursuant to Article 52 of the Trade Marks Act;

(10) the indication that the registration or application has been separated from the previous application or registration and the number of the previous application or registration.

(13.4.2000)

The distinction referred to in Article 15 of the trade mark law (statement of dismissal) and the privilege referred to in Articles 18 and 30 of the same law must also be entered in the register. The colours of the label shall also be marked and, at the discretion of the authority, the rest of the sign shall be indicated. (20.3.1992/258)

Unless the proprietor of the trade mark is domicile in Finland, the holder of the trade mark shall be entered in the register. A document shall also be made available on any other occasion when the registry authority deems it necessary.

ARTICLE 3

The application for renewal of registration shall be entered in the register without delay by mentioning the date of arrival. Once the matter is settled, the decision shall be entered in the register. If the mark is renewed for a person other than the last person who is registered as the proprietor of the trade mark, the new proprietor shall be entered in the register.

When the registration is renewed in accordance with Article 22 (4) of the Trade Marks Act, the registration fee shall be entered in the register. (223.1996/188)

In the event of an application as referred to in Article 17a of the Trade Marks Act to distinguish the registration, it shall be entered in the register without delay. Once the matter is settled, the decision shall be entered in the register. (13.4.2000)

§ 4 (20.3.1992/258)

When the trade mark is removed from the register under Articles 24 to 26 or 31 of the trade mark law, the date and the subject of the measure shall be entered in the register.

§ 5

Where the request for marking of a trade mark referred to in Article 33 or 34 of the trade mark is made, the register shall be entered in the register without delay. Once the matter has been resolved by the registry authority, the decision shall be entered in the register. If the application is granted, the name or the name of the new holder or the holder of the licence shall be entered in the application, and the name of the holder of the licence or the place of residence and the date of the contract of supply or use. For the purposes of the concession contract, the registry authority shall, at its discretion in each case, indicate the limitations of the licence of the licensee mentioned in the concession contract.

At the request of a pledge referred to in Article 33 (3) of the trade mark law, the mark must be entered in the register and must be resolved without delay. The decision and the date shall be entered in the register and, if the request is met, the name or business name and address of the holder of the pledge and the date of the date of the birth of the pledge and the right to pledge shall be entered in the register.

Where the licence or lien is shown to have ceased, this shall be entered in the register and indicate the date and subject of the measure. (20.3.1992/258)

A mark shall also be entered in the register in the case referred to in Article 1 (1).

ARTICLE 6

The registration marks shall also be made from the decisions and measures taken by the Government of the patent and registries other than those referred to in Articles 2 to 5 other than those relating to the registered trade mark, including the judgment sent to the registrant other than 4 In the case of a trade mark, provided that the decision, measure or judgment is immediately placed in the Register of Trade Marks.

§ 6a (223.1996/188)

A copy of the registration shall be given to the applicant, other than those referred to in Article 3 (2).

CHAPTER 2

Application for a trade mark

§ 7

The application for a trademark matter shall be made in writing and signed by the applicant or agent. In the case of a foreign language attached to the application, the registration authority must be given a certified copy or a Swedish translation if required by the authority.

§ 8

For each trade mark, a different application shall be made for the application for registration. Similarly, when an application refers to another measure in relation to the trade mark.

If the applicant wishes to extend the registration to cover goods other than those covered by the application, a different application shall be made.

§ 9

The application for registration of a trade mark shall include:

(1) the name or business name and address and address of the applicant;

(2) when the applicant is represented by an agent, his name, domicile and address;

(3) the trade mark, in words, words, letters or figures, or as a sign of the goods; and

(4) an indication of the goods or services for which the sign is requested to be registered and the category to which the goods or service in each case the applicant considers it appropriate.

(223.1996/188)

Paragraph 2 has been repealed by A 22.3.1996/188 .

Where the application concerns registration of a trade mark in the form of a trade mark or a word in a special form, in the form of a letter, a number or a combination thereof, the application shall be accompanied by a copy of 10 copies of an archiving paper, A mark of up to 8 × 8 cm. If registration is sought in colour, the application shall also list the colours of the mark. (20.3.1992/258)

Paragraph 4 is repealed by A 20.3.1992/258 .

If the applicant does not carry out a business in Finland, the application shall be accompanied by an extract from the trade mark register of his country of origin, which indicates that the trade mark is registered there for the goods to which the application refers in that country. (home country certificate) The release of the home country certificate from the traders of certain countries is laid down in the trademark law. (23.2.1979/209)

The application for registration of a common brand shall also be accompanied by the (795/80) The documents mentioned. (13.02.1981/133)

§ 9a (13.4.2000)

In suspending the application in accordance with Article 17a of the Trade Marks Act, the applicant shall make a new application for the same mark, which has been separated from the goods in the original application. At the same time, a list of goods which remain in the application form must be submitted to the original application (application for application). The new application must show that it has been separated from an earlier application and a new application must be made in accordance with Article 17 of the Trade Marks Act.

ARTICLE 10

In the case of a trade mark, the applicant shall, when the registration authority deems it necessary, in writing, indicate in writing what the label is intended to describe and which, in the applicant's opinion, is noted. Characteristic. (223.1996/188)

If the application concerns the registration of the goods, the applicant shall, where the registration authority deems it necessary, give the specimen to the authority.

ARTICLE 11

The claim referred to in Article 20 (2) or Article 56c (2) of the trade mark law must be made in writing and given in two copies to the patent and registration board. The Annex to the Supplement shall also, if possible, be given in duplicate. The claim shall be justified and shall specify the goods or services concerned. (223.1996/188)

The explanation given for the claim or the statement shall apply accordingly, as has been said in paragraph 1.

ARTICLE 12 (223.1996/188)

The application for renewal of registration shall include:

(1) the name or business name and address and address of the applicant;

(2) the name, domicile and address of the new agent;

(3) a declaration of a reduction in the protection sector which the applicant wishes to perform, and in such a case, the goods or services and categories which, in the applicant's opinion, should be understood after that date; and

(4) an indication of the category to which the goods or service in each case belongs to the trade mark proprietor, provided that this is not already entered in the register.

Where, pursuant to Article 22 (4) of the Trade Marks Act, registration fees are to be renewed by payment of the renewal fee, the registration number, the name and address of the payer shall be mentioned.

ARTICLE 13

The application for an amendment in accordance with Article 23 of the trademark law of the registered trade mark shall contain:

(1) the name or business name and address and address of the applicant;

(2) the name, address and address of the new agent; and (16,1983/98)

3) a clear indication of the change in the sign that the applicant wishes to make.

Where the applicant is another than the one entered in the register as the label holder, the application shall be accompanied by a document indicating the applicant's right to the mark.

The application shall be accompanied by the symbol or colour of the mark referred to in Article 9. (23.2.1979/209)

ARTICLE 14

The application, which refers to the entry of a registered trade mark in the Register of Trade Marks, shall contain the information corresponding to the applicant as referred to in Article 9 (1). Where the notifier is other than the new proprietor of the trade mark, the application file shall include that consent to the requested measure.

The application shall be accompanied by:

(1) a document indicating the movement of the mark and of which goods or services are to be affected, unless it means registration in its entirety; and

(2) the relevant home country certificate, if necessary in accordance with Article 28 of the Trade Marks Act.

(223.1996/188)
§ 15

The registration of a licence for a trade mark application may be made either by the proprietor or by the licensee. The application shall include an indication of the name or the name of the licensee, the place of residence and the address, the date of the concession contract and any restrictions on the right of the licensee to be agreed. The concession contract shall be attached to the application.

ARTICLE 16

The application, which means the entry into the register of the pledge contract, shall include the name or business name, address and address of the holder, and the date of the pledge. The contract shall be attached to the application.

CHAPTER 3

Procedure for registration

§ 17 (16,1983/98)

Where the registration of a trade mark has been applied for in a foreign country which has acceded to the Paris Convention for the Protection of Industrial Property (SopS 43/75) or to the World Trade Organisation (wto) Treaty (SopS 5/95), and The application for registration in Finland within six months of the application in a foreign country, the application made in Finland shall be deemed to have been made at the same time as the other goods or other goods put in service. An application made in the State. The provisions of this paragraph shall also apply where the registration of a trade mark has been applied for in an application outside Finland which, for specific reasons, considers the application to be made in a State To be assimilated. (22.12.1995/1702)

In order to obtain the privilege referred to in paragraph 1, the applicant shall, in writing, request it within one month from the date of the application in Finland and, at the same time, indicate where and when the application for the entitlement to benefit has been submitted, and, As soon as possible, its number. Where priority is not given to all goods or services, the goods or services to which they are subject shall also be indicated. (223.1996/188)

§ 17a (16,1983/98)

For a specific reason, the registry authority may, by way of an interim decision, invite the applicant to submit, within the prescribed period, the requested authority to submit a certificate of the date of the lodging of the application and the name of the applicant, and A copy of the application and the trade mark it refers to. The certificate shall be issued by the authority which has received the application on which the privilege is based and a copy certified by the same authority. The period referred to above shall not be imposed until three months have elapsed since the application was made in Finland.

If the interim decision referred to in paragraph 1 is not complied with, the privilege shall not be obtained.

Article 17b (223.1996/188)

The privilege may only be based on the first application for registration of a trade mark made outside Finland for each good or service.

§ 17c (16,1983/98)

The privilege requirement referred to in Article 18 of the trade mark law shall be made during the period laid down in Article 17 (2). Where appropriate, the applicant shall establish that the exhibition is to be regarded as international.

ARTICLE 18 (223.1996/188)

When the claim referred to in Article 20 (2) or Article 56c (2) of the Trade Marks Act is made against registration and is manifestly unfounded, the proprietor of the registration shall be instructed to make his statement within the prescribed period.

§ 19

In the case of removal of the trade mark from the register, as well as in the cases of registration referred to in Articles 23, 33 and 34 of the Trade Marks Act, the procedure laid down in Article 19 of the same law shall be applied for the examination of the application for registration.

Where the proprietor of the trade mark requests the removal of the sign and the entry for the licence, the application shall be sent, where appropriate, to the holder of the licence, and shall provide that opportunity to make a statement.

§ 20 (223.1996/188)

The registry authority shall respond to public enquiries as to whether a specific word sign is entered in the Register of Trade marks.

CHAPTER 4

Alert

ARTICLE 21

Such alerts under the trade mark law shall be published in a trade mark lodged by the government of the patent and the registry.

The registration dossier, with all its annexes or documents relating to the international registration, shall, within two months of the date of publication of the alert, be kept in the Board of Patents and Registration, for each person to see: Wants to get information about registration. (223.1996/188)

§ 22

An alert pursuant to Article 20 of the trade mark law shall include:

1) the date of the alert if the application is preceded by registration;

2) the application number of the trade mark;

(3) registration number;

(4) trade mark;

(5) the application date or the date of application, which shall be deemed to be the date of application;

6) the date of registration;

(7) the name or business name and address of the holder;

(8) if the holder is represented by an agent, his name;

(9) the categories of goods or services to be understood by the right of labelling;

(10) a note on the label;

(11) the number and date of registration of the international registration, if the application is based on international registration in accordance with Article 56i (1) or Article 56j (1) of the Trade Marks Act;

(12) if the application is separated from an earlier application, the applicant application number;

(13) if a new application has been separated from the application, the number of this dismissed application;

(14) the application number of the Community trade mark application if the application is based on an application submitted by the Community trade mark office in accordance with Article 57a of the Trade Marks Act.

(13.4.2000)

In addition, the alert shall include a list of the colours of the label and, at the discretion of the registrant, the rest of the sign, as well as an indication of the statement of distinctions and privileges referred to in Article 2 (2). (20.3.1992/258)

The alert shall provide information on the possibility of filing a claim against registration in accordance with Article 20 (2) of the trade mark law. (223.1996/188)

§ 22a (223.1996/188)

The alert pursuant to Article 56c of the trade mark law shall include:

1) the date of alert;

(2) the international registration number;

(3) trade mark;

4) the date of the international registration;

(5) the name or business name and address of the holder;

6) when the holder is represented by an agent, his name;

(7) the categories of goods or services to be understood by the right of labelling; and

8) a note on the label.

In addition, the alert shall include, in the case of a colour, an indication of this, and, at the discretion of the registrant, the rest of the sign, as well as an indication of the statement of distinctions or privileges.

The alert shall provide information on the possibility of making a claim against international registration in accordance with Article 56c (2) of the trade mark law.

ARTICLE 23 (223.1996/188)

Pursuant to Article 21 (1) and Article 56d (3) of the trade mark law, the registration number and the name or business name of the holder must be mentioned.

§ 24 (223.1996/188)

The registration number of the trade mark in accordance with Article 24 and Article 56h of the trade mark law, as well as the reduction in the protection sector, as well as the renewal under Article 56k of the Trade Marks Act, indicate the registration number.

ARTICLE 25 (13.4.2000)

The registration or registration of a trade mark in accordance with Article 33 (1), Article 34 (1) and Article 56k of the trade mark law shall indicate the registration number, the name of the new holder and the licensee, or The trade name and address and any other information deemed necessary by the registry authority.

§ 26

The registration of a registered trade mark must contain a registration number, changed character, name or business name and address of the holder.

§ 26a (223.1996/188)

Pursuant to Article 56g (2) of the trade mark law, the number of the registered Finnish registration number and the number of the international registration in force must be mentioned.

CHAPTER 5

The title of Chapter 5 is repealed by A: 22.3.1996/188. (223.1996/188)

Articles 27 to 27a

Articles 27 to 27a have been repealed with A 3.12.1976/943 .

CHAPTER 6

Miscellareous provisions

ARTICLE 28

This Regulation shall enter into force on 1 June 1964. It repeals:

Amended provisions of 30 September 1921 of 30 September 1921 of the European Parliament and of the Council of 30 September 1921 on the protection of certain guests' patents and goods (22/21) If it is still in force;

Regulation of 15 July 1963 on the fees to be paid in the case of patent and goods related matters (383/63) , provided that it provides for the fees to be paid in the case of goods in the field of goods; and

Declaration of 4 April 1889 on the registration of the goods sandwich.

§ 29

Before the application for registration of a trade mark which has been made but not resolved before 1 June 1964, the applicant shall pay the fees mentioned in Article 27 of the trade mark law. The fee shall be determined by the number of categories covered by the application. The payment shall be deducted from the applicant's previous registration fee. When, in the event of an application, such an application does not include goods in more than three categories, the applicant shall not, in addition to the registration fee, charge any other fees.

When an application made before 1 June 1964 is rejected, lodged or withdrawn, half of the registration fee paid to the applicant shall be reimbursed.

ARTICLE 30

If, on 1 June 1964, an application for a renewal of the registration of a trade mark whose period of registration has expired before that date, the applicant, who has already completed patent and product-specific cases, shall: The fees payable under the fees payable in accordance with the fees payable under the Regulation. In other cases, the applications for reform which are to be dealt with on 1 June 1964 in accordance with the provisions of this Regulation shall apply.

ARTICLE 31 (18/06/2015)

Paragraph 31 has been repealed by A 18.7.2013/579 .

Entry into force and application of amending acts:

26.3.1976/271:

This Regulation shall enter into force on 1 April 1976, however, with regard to Article 9 (1) (5) and Article 12 (3) and Article 17 of the Regulation, in so far as the latter provision lays down a period of time within which a prior The provisions shall apply to applications made after the entry into force of the Regulation.

3.12.1976/943:

This Regulation shall enter into force on 1 February 1977, subject to the application of the application for trade mark applications from 1 February 1977. This Regulation repeals the (4/68) ARTICLE 53 And Articles 49, 50, 51, 52 and 52a as set out in the Regulation of 19 September 1975 (78/75) , the Trade Mark Regulation of 29 May 1964 (296/64) As set out in the Regulation of 19 September 1975 (70/75) And 27a, as set out in the Regulation of 26 March 1976 (26,76) , the model law of 2 April 1971 (252/71) Articles 29, 30 and 31, as set out in the Regulation of 19 September 1975 (1739/75) , the Regulation of 19 September 1975 on the fees charge for patents, designs, trademarks and trade registers (16,75) And of the Regulation of 10 October 1969 on patent agents (636/69) .

23.2.1979/20:

This Regulation shall enter into force on 1 April 1979.

Before the application for registration was lodged before the entry into force of this Regulation, the applicant may attach to the application the pictures of the trade mark referred to in Article 9 (3) or (4).

13.2.1981/13:

This Regulation shall enter into force on 1 March 1981.

16.12.1983/997:

This Regulation shall enter into force on 1 January 1984.

20 MARCH 1992/258:

This Regulation shall enter into force on 1 April 1992.

22.12.1995/1702:

This Regulation shall enter into force on 1 January 1996.

This Regulation shall apply to applications made after its entry into force.

22.3.1996/188:

This Regulation shall enter into force on 1 April 1996.

13.4.2000:

This Regulation shall enter into force on 1 May 2000.

18.7.2013/579:

This Regulation shall enter into force on 1 September 2013.