Key Benefits:
See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
The registration gives the exclusive right to distinguish between goods offered for sale or otherwise engaged in trade in trade marks for sale to the trade mark. (21.1.2000)
A trade mark may be any sign which can be presented graphically and can distinguish goods from other goods in the course of trade. The trade mark may include, in particular, the word, including the identity, the pattern, the letter, the number, or the shape of the goods or of the article.
What is laid down in this Act for goods is equivalent to services.
The exclusive right to trademarks can be obtained without registration where the mark has become established. (25.1.1993)
A guarantee may also confer an exclusive right on a special item of goods used for business purposes other than those referred to in Article 1 (2). (25.1.1993)
The identification mark shall be deemed to be established if it is generally recognised in the relevant industry or consumer circles as a specific indication of the holder's goods.
Each person may use his last name, address or function as a characteristic sign of his goods, unless its use is likely to create a likelihood of confusion with the other already protected trade mark, or name, address, or An activity which the other already legitimately uses in the course of its business. (25.1.1993)
What has been said about the name of the business name? (128/79) And the secondary code referred to.
A trademark shall not be taken by another name or by a trade name. Furthermore, the trade mark may not be taken as a second-party or secondary code, except when there is a lack of distinctiveness or a question of different sectors or types of goods.
In accordance with Articles 1 to 3 of this Act, the right to a commodity shall include the fact that, in the course of business, no person other than the proprietor of the label shall, in the form of a symbol of their goods, make use of the mark to be mixed in the goods, in the form of a product or in advertising, or In a business document or otherwise, including the oral use. What has been said here is valid irrespective of whether the goods are calculated or whether it is intended to be issued in this country or abroad or whether it is imported into Finnish territory for use, storage, storage or further processing. To the third country for carriage. (21.1.2000)
In order to use the unauthorised use referred to in paragraph 1, it shall be considered, inter alia, that someone in the issuing of spare parts, accessories or other such items, which is suitable for the other, shall refer to the distinguishing sign in such a way as to: To create the impression that the goods put into circulation originate from the identification mark, or that this has consented to the use of the emblem.
If the goods have been issued by the use of a specific identification mark and if, after that, other than the sign-holder has made material changes in the goods by modifying, correcting or otherwise in a comparable way, let him not: A re-entry into circulation in this country, a distinguishing sign, unless the change is clearly stated or otherwise clearly expressed.
The exclusive right to the object of the goods does not include the part of a mark which is principally intended to increase the usefulness of the product or its packaging, or otherwise fulfil an obligation which is not characteristic of a recognised characteristic.
The identification marks shall be deemed to be confused by this law only if they are the same or similar types of goods. (16/121983/996)
However, notwithstanding paragraph 1, the confusion of the distinguishing marks may be invoked, notwithstanding paragraph 1, for the benefit of a characteristic which is widely known in this country, if the use of another similar emblem without an acceptable reason would mean that The distinctive character and reputation of the mark, or would be detrimental to the distinctive character or reputation of the earlier mark. (25.1.1993)
The provision of paragraph 2 of this Article shall apply mutatis mutandis to the auxiliary and secondary identification referred to in Article 3 (3). (16/121983/996)
If, under Article 1 or 2, exclusive rights are required for the identification of goods which are interlinked, priority shall be given to the person who may rely on the earliest legal basis, unless otherwise provided for in Articles 8 or 9.
Although a registered trade mark which has been used for a continuous period of five years in that country is to be confused with a registered or well-established mark, the use of a subsequent mark must not be prohibited if the registration has been applied for In good faith and the proprietor of the earlier sign has been aware of the use of the mark.
If the established trade mark is to be confused with another previously registered or established trade mark and the proprietor of the earlier mark has not taken action within a reasonable time to prevent the use of a subsequent mark, let him no longer have: Power forbids its use.
In the cases referred to in Article 8 or 9, it may be determined that a sign or both of them may be used only in a specific manner, such as, in certain ways, by adding to the Place name or other clarification of the mark.
The provisions of paragraph 1 shall apply mutatis mutandis where the risk of confusion arises in the cases referred to in Article 3 (1) or (2). (16/121983/996)
The proprietor of a trade mark shall not prohibit the use of the trade mark in the goods which the holder, or his agreement, has, using that trade mark, issued in the European Economic Area.
Paragraph 1 shall not apply where the holder has reasonable grounds to object to the re-entry into circulation of goods, in particular when the goods have undergone changes or have been reduced after they have been issued.
At the request of the proprietor of a registered trade mark, the author, publisher and publisher of a dictionary, a manual or other publication in a printed or computer network shall be obliged to ensure that the publication of the trade mark is not taken into account: Without indicating that the mark is registered. (21.1.2000)
If any person fails to comply with the provisions of paragraph 1, he shall be obliged to contribute to the publication of a corrigendum in that way and to the extent that it is found to be reasonable and to pay for such an adjustment.
The trademark register shall be kept by the Board of Patents and Registration.
A registered trade mark must be capable of distinguishing the goods of the holder from other goods. As such, the type of goods, the quality, the purpose, the purpose, the price or the place or place of manufacture, whether or not only, or only the slightest modification or the addition of an additional alone, shall not be considered to be distinctive. Moreover, the distinctive character of the product, which consists exclusively of the characteristic of the goods, is not to be regarded as capable of distinguishing it from a form which is essential to the achievement of the technical result. In criticing the distinctive character of the mark, attention must be paid to all circumstances and, in particular, to how long and to what extent the label has been used.
A trademark shall not be registered: (16/121983/996)
(1) where the sign is contrary to law, public order or good practice;
(2) if it is likely to mislead the public;
(3) if, without the consent of the State concerned, the State crest, flag or other distinguishing feature, the official inspection or guarantee mark, or an inspection or guarantee mark, of the type to be registered or of the type to be registered; A Finnish municipal crest or emblem of an international, central organisation flag, emblem or other emblem, abbreviation or abbreviation of the name, name or abbreviation of the name, if it is a symbol, a stamp, a stamp, The designation or abbreviation of the name; (21.8.1970-552)
(4) if it is made up of something or contains something which is likely to give the impression that the question is one of the protected activities, or of one of the secondary or secondary symbols referred to in Article 3 (3); Or of another name or portrait, unless the name or portrait appears to have been dead long ago; (16/121983/996)
(5) if it is made up of something or contains something which is likely to give the impression that the question is the name of another protected literary or artistic work, when it is special, or an infringement of another copyright An action or another right to a photograph or a protected model; (21.1.2000)
(6) if it is to be confused with the name of the other trader or the protected name or the ancillary activity or the secondary code referred to in Article 3 (3), or another trade mark registered in the former On the basis of an application, or on the other emblem which has been established when the registration is sought; or (16/121983/996)
(7) if it is mixed with the distinguishing sign of the goods which the other uses when the application is made, and when the applicant submits an application for use and has not used its mark until the second distinguishing sign was used; or (22.12.1995/1715)
(8) if it is to be confused with the international registration in force in Finland or in the European Community to protect the trade mark which, on the basis of that registration, has an earlier right in Finland or the European Community; (21.12.2004)
(9) if it is to be confused with the Community trade mark referred to in Article 57, registered on the basis of an earlier application or who has a previous history in accordance with Articles 34 or 35 of the Council Regulation referred to in Article 57; (21.1.2000)
(10) if it is applicable to the variety denomination of the registered plant variety; or (21.1.2000)
(11) if the registration is in accordance with Article 14 of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs, the common organisation of agricultural markets and certain Article 118l of Council Regulation (EC) No 491/2009 amending Regulation (EC) No 1234/2007 establishing specific provisions for agricultural products (Single CMO Regulation) or spirit drinks Definition, description, presentation, labelling and geographical The barrier referred to in Article 23 of Regulation (EC) No 110/2008 of the European Parliament and of the Council on the protection of labelling and repealing Council Regulation (EEC) No 1576/89. (26.11.2010)
In the cases referred to in paragraphs 4 to 9, registration may be provided if the person whose right is the subject of the question consents to it, and the first paragraph does not result in an obstacle to registration. (22.12.1995/1715)
The exclusive right conferred by the registration mark does not include a part of the mark which cannot in itself be registered.
If the label includes a part and a specific reason to assume that the registration of a sign can cause uncertainty as to the scope of the exclusive right, this part can be distinguished from the scope of the protection.
If it turns out later that a part of the mark separated from the protection has become registered, a new registration may be submitted, which shall be directed to this part or to the mark in its entirety without the above restriction.
The trade mark shall be registered in one or more goods categories. The trademark classification shall be established by the Board of Patents and Registration.
The registration of a trade mark shall be submitted in writing from the registry authority. The application shall indicate the name or business name of the applicant and the goods and categories which bear the mark. The application must clearly indicate the label. (22.12.1995/1715)
The application fee shall be made at the time of application. The application shall be deemed to have been lodged after the payment has been made. (25.1.1993)
If the application concerns a number of goods, some of them may, at the request of the applicant, be separated into one or more applications as specified by the Regulation. The date of application of those applications shall be the date of application of the original application. If any of the goods of the original application have an application date prior to the date of application, the privilege shall be followed by the distribution of these goods.
Paragraph 1 shall apply mutatis mutandis to registration.
Where a trade mark applied for for the first time by the applicant for goods presented in an international exhibition is requested to be registered within six months from the date on which the goods were first placed on the samples, the application for other applications Or other distinguishing marks shall be deemed to have been made on that date.
If the applicant does not comply with the application of the application, or if the registry authority finds that the application is not acceptable for any other reason, the applicant shall be obliged, within the time limit, to make his statement or to make an adjustment, at the risk of the application Let's leave the bridge.
When the registration authority considers that the application is not admissible after the adoption of the statement, the application shall be rejected in so far as there is an obstacle to its adoption unless there is a reason for a new deadline. (21.1.2000)
If the application complies with the requirements imposed on it and there is no obstacle to registration, the registration authority shall register the trade mark and registration.
The claim against registration shall be made in writing to the registry authority within two months of the date of the alert.
Although the allegation is withdrawn, the case may be investigated if there are specific reasons.
After the claim, the registration authority shall revoke the registration in so far as there is an obstacle to registration. When a decision has been taken to revoke the registration, the decision must be taken. (21.1.2000)
The registration authority shall reject the claim if there is no obstacle to the registration.
Registration shall be valid from the date of submission of the application until 10 years after the date of registration.
Registration shall be renewed on application by the proprietor of the label for 10 years following the end of the previous registration period.
Registration may be renewed no earlier than one year before the end of the registration period and no later than six months after the end of the registration period. (22.12.1995/1715)
Reforms must be submitted in writing to the registrar if the renewal is to make a change to the register, or if the register does not indicate the categories of goods. Otherwise, registration shall be deemed to be renewed once the renewal fee has been paid. (22.12.1995/1715)
Article 19 shall apply mutatis mutandis to the examination of the application. (22.12.1995/1715)
On application by the registered trade mark holder, minor changes may be made in the register, in spite of which the overall impression of the mark remains unchanged.
If the proprietor of the registered trade mark has not applied for renewal of the registration, as stated in Article 22, the mark shall be deleted from the register.
The trade mark shall also be deleted from the register, when the holder of the sign is requested to register. Where, according to the registration mark, a lien has been established, the registration shall not be removed from the register without the consent of the holder.
An application by the label holder may reduce the list of goods or categories of goods covered by the registration. The consent of the holder shall be respected, as has been said in paragraph 2.
If the trade mark is registered in contravention of this law, the registration shall be declared null and void if it is not otherwise provided for in Articles 8 or 9 or any other change in circumstances.
Exclusive rights to trade marks shall be lost:
(1) where, after registration or stabilisation, the mark has apparently lost its ability to distinguish the goods of the mark holder from other goods; or
(2) where a sign of registration or stabilisation has become misleading or contrary to law, public order or good practice.
Registration of a trade mark shall be lost if the mark has not been used in the last five years and the holder does not indicate the reason for it. The use of a trade mark with the consent of the holder shall be assimilated to the use of the mark by the holder. However, the loss of registration may not be required if the mark has been used after the end of the five-year period of non-use, but before the requirement for a loss. In this case, however, no account shall be taken of the use of a mark within the three months preceding the date of the loss of the claim, where preparations for use are commenced only after the holder has become aware that: The requirement for loss may be made. (22.12.1995/1715)
If the basis for the loss of registration relates only to some of the goods for which the mark is registered, the registration shall be lost only in respect of those goods.
The annulment of the registration and the loss of the trade mark shall be decided by the court when it is lodged against the proprietor of the mark.
The position referred to in paragraph 1 shall be allowed to drive anyone who suffers from prejudice to registration. If the action is based on Article 13, Article 14 (1) (1) to (3) or Article 26, the action shall also be brought by an official prosecutor or an entity which supervises the interests of the industry or professionals concerned.
At the request of the applicant, the mark must be entered in the Register of Trade Marks.
If a person who does not carry a trade mark in Finland applies for the registration of a trade mark, the application must be accompanied by a certificate stating that the applicant has obtained the same sign for the same type of goods in a foreign country where the applicant: Pursue a business or has a registered office or a national of which he is a national.
However, a certificate such as that referred to in paragraph 1 shall not be required if a similar statement is not required in a foreign country by a Finnish national or who has its registered office or who carries out a business here.
A trade mark registered in a foreign State may, subject to reciprocity, be registered in Finland as registered in a foreign country where registration does not conflict with the provisions of Articles 13 or 14. Or the trade mark has lost its distinctive character. (25.1.1993)
Notwithstanding the provisions of paragraph 1, a foreign trade mark shall be registered on the basis of reciprocity, subject to minor amendments which make the overall impression of the mark unchanged.
The Regulation may provide that the application for registration in this country is, at the request of the applicant, of the date of application for registration of a trade mark outside the territory of the Kingdom, to be deemed to have been made available to other applications or other articles made available. An application made at the same time as outside the realm.
The Regulation may also provide for the conditions under which the privilege referred to in paragraph 1 may be obtained.
An applicant for a trade mark who has no domicile in Finland shall be an agent resident in the European Economic Area entitled to represent him in matters concerning his application.
The proprietor of a registered trade mark who has no domicile in Finland shall be an agent resident in the European Economic Area who is entitled to represent him in matters relating to the trade mark and who has the right to take up the challenge; Service, invitations and other documents in matters relating to the trade mark, with the exception of the challenge of criminal matters and the provision by which the party is required to appear in person. The agent of the trade mark proprietor shall be entered in the Register of Trade Marks.
If the proprietor of the trade mark or the proprietor of the registered trade mark does not have a duly authorised agent, the applicant or the proprietor of the mark shall call on the applicant to make an adjustment within the prescribed period; If the application is deemed to be withdrawn or the mark removed from the register. If the registration authority does not have the address of the applicant or the holder of the mark, it shall be included in the trade mark case.
A claim that does not have a seat in Finland shall be an agent resident in the European Economic Area representing the claim factor in the case.
It may also be an entity domiciled in the European Economic Area.
A trade mark may be transferred to another. Surrender may consist of either all types of goods for which the label is registered or stabilised, or some of them.
When a movement with a trade mark shall be handed over, the sign shall be followed by a movement, unless there is a condition that the mark remains on the donor or that the supplier's new owner is allowed to use the brand for the different types of goods.
The sale of the registered trade mark shall be entered in the Register of Trade marks upon request. However, where the registration authority finds that the use of a trade mark by virtue of a transfer is likely to mislead the public, it shall, however, be refused if the said harm is not removed so that a trade mark is made Change or increase.
Extradition which is not entered in the register shall not be valid for a third party which, in good faith, has acquired the right to a trade mark.
If someone wishes to place their trademark rights as a pledge, they must be agreed in writing and entered in the register. There will be no pledge before the entry has been made.
The proprietor of a registered trade mark may, without giving up the right of the mark itself, entitle the holder to use a trade mark. An authorisation may apply to the whole country or to any part thereof and may mean either all or part of the goods covered by the registration. Operating licence holders may be one or more. The authorisation shall be entered in the Register of Trade Marks on request. However, the registration authority may refuse entry if the use of the licence is apparently likely to mislead the public. When the licence appears to have ceased, the entry shall be deleted from the register. (25.1.1993)
A licence which is not entered in the register shall not be valid for a third party which, in good faith, has acquired the right to a mark.
Unless otherwise agreed, the licensee shall continue to exercise his right.
The right to trademarks shall not be foreclosed unless a lien has been established.
If the property of the proprietor of the mark is declared bankrupt, the trademark law shall be included in the bankruptcy.
Where, after the release of the goods or the authorisation of a licence, the sign of a commodity becomes a misleading sign used by the new holder of the licence or the licensee, the court may, to the extent necessary, prohibit him from using the mark.
Use may be prohibited in other cases where the label is misleading, or if the holder or the other with his or her consent uses the mark in such a way as to mislead the public.
Under this article, an official prosecutor can be prosecuted, anyone who suffers from the disadvantage of using the distinguishing sign, as well as an entity that supervises the interests of the industry or professionals concerned.
In accordance with Article 36, the right to use the goods' identification mark may be exercised as if it were found to be reasonable that the characteristic which, contrary to the prohibition laid down in that provision, was placed on the packaging, the advertiser, The business document or any other kind must be deleted or so amended that it is no longer misleading. If such a measure is not otherwise feasible, the property shall be designated to be destroyed or amended in certain ways.
The property referred to in paragraph 1 may, pending the provision mentioned therein, be seized; in this case, the same shall apply to the extent of the seizure in criminal matters in general.
Chapter 6a was repealed by L of 22.12.1995/1699.
If someone violates the right to sign the goods, the court may prohibit him from continuing or repeating the act.
Anyone who deliberately or negligently infringes the right to a trademark shall be obliged to carry out a reasonable penalty for the use of the mark and compensation for any damage caused by the infringement. If carelessness is only slight, compensation for damage may be settled.
If there is no negligence, the infringer shall be obliged to perform a reasonable compensation for the use of the mark.
Anyone who deliberately insults the holder of the goods in accordance with this law must be condemned if the act is not punishable. Article 49 (2) of the Penal Code As a criminal offence within the meaning of the On the trade mark offence Fine. (21.4.1995/716)
The charge of the offence referred to in paragraph 1 shall not be made by the public prosecutor unless the plaintiff has declared the offence to be committed.
When the question is registered as a registered trade mark, let him not be convicted unless an infringement has occurred after the date of registration.
Compensation and compensation for damage may be required under Article 38 only for the last five years prior to the initiation of the action. The right to compensation and compensation for damage has been lost if the action concerned has not been brought within that period.
Notwithstanding paragraph 1, if the question is the registration of the protected trade mark, the compensation and the compensation for the damage may be claimed before the date of registration, if the application is brought within one year of the date of registration.
In the event of a breach of the right of the right to a commodity, the court may, if it is found to be reasonable, provide that the emblem which is unlawfully placed on the goods, on the cover, on the advertising leaflet, on the business document or in any other form of Shall be removed or amended so that it can no longer be abused. If such a measure is not otherwise feasible, the property shall be designated to be destroyed or amended in certain ways. In that case, the Court may also, at the request of the Court, order the compensation of the property to be surrendered to the quarry.
The property referred to in the present case may be, whether intentional or not, in the event of a breach by a public prosecutor or by a public prosecutor or court, if it considers it necessary, and when it is deemed necessary, to lodge an acceptable security in respect of: The damage caused by the seizure and the cost of the seizure; in that case, the extent of the seizure in criminal cases is otherwise applicable.
In proceedings relating to the infringement of a trade mark, the Court of Justice may order that the defendant be required to reimburse the costs incurred by the applicant in order to publish, as appropriate, information on the validity of the judgment, in which: The defendant was found to have infringed the trademark law. Such a provision shall not be allowed where the dissemination of information is restricted by other law. When considering the issuing of an order and the content of the order, the court should take into account the general importance of the publication, the nature and extent of the infringement, the costs of the publication and the other considerations.
The court orders the maximum amount of reasonable publicity costs to be reimbursed by the defendant. The claimant shall not be entitled to compensation if the information on the judgment has not been published in the period prescribed by the court.
The dispute and application cases under this law are dealt with in market law.
The Community trade mark court, within the meaning of Article 57 (1) of the Council Regulation, is a market law.
Processing of disputes and application cases in market law is governed by the law on the conduct of court proceedings (100/2013) .
Charge Chapter 49 of the Criminal Code The right referred to in Article 2 for an industrial property offence which infringes the identity of the goods and the trade mark offence referred to in Article 39 (1) of this Act shall be dealt with by the Helsinki District Court.
In the case of a charge referred to in paragraph 1, Article 38 (2) and (3), as referred to in Article 38 (2) and (3), and the requirement of Article 41, notwithstanding the provisions of Article 42, may be dealt with under Article 38 (2) and (3).
The court or tribunal shall remain competent to examine the requirement referred to in paragraph 2, even if, in the circumstances of the establishment of the powers, a change occurs after the request has been made.
The Court of Justice's right to seek an opinion from the Registry of the Court of Justice, as referred to in Article 43, shall be subject to the application of Article 22 of Chapter 4 of the Law on the Rights of the Child on the right of market law to ask for an opinion.
In considering the matter referred to in Article 43, the District Court may be assisted by a maximum of two of the (99/2013) The expert referred to in Article 7 (2).
The expert shall issue a written opinion on the questions raised by the district court. The expert shall have the right to question the parties and witnesses. Before a decision is taken, the district court shall provide the parties with the opportunity to rule on the expert's opinion.
The remuneration of the expert is governed by Article 37 of the Law on Market Law, which provides for the remuneration of a member of the expert.
The Court of Justice's obligation to inform the competent authority of a decision on the matter referred to in Article 43 shall be subject to the application of Article 23 of Chapter 4 of the Law on the Law of the Law on the Rights of the Child. Notify the solution.
Where an exclusive right has been given to the use of a registered trade mark in that country and a licence has been entered in the Register of Trade marks, it is in matters relating to the infringement of the right of trade mark that the proprietor of the mark must: The licensee shall be considered as plaintiffs.
Paragraph 2 has been repealed by L 31.1.2013/107 .
What has been said in this article, in the event that the proprietor of the mark gives the other exclusive licence, has waived the right to co-operate.
A suit which means whether or not the right to a trademark exists or whether a particular procedure infringes that right may be referred to a court if there is a lack of awareness of the law and is detrimental to the The plaintiff.
Such a case shall accordingly be subject to the provisions of Article 45.
The incentive to declare the registration of a trade mark null and void shall be allowed to drive to the original defendant, even if the trade mark has been handed over to the other after the proceedings have been brought, and shall be the judgment, In which the application has been accepted, including the latter. What has been said, in the case of a claim for the confiscation of the trade mark, should be applied accordingly.
§ 48 has been repealed by L 31.1.2013/107 .
At the request of the proprietor of a trade mark right, the Court of Justice may, at the request of the proprietor of the proprietor of a trade mark, order the operator, the server or any other service provider to impose fines, on the penalty of the proprietor of the trade mark, Suspend the alleged use of a trade mark ( Suspension order ), unless it can be considered disproportionate taking into account the rights of the proprietor of the trade mark, the intermediary and the proprietor of the trade mark rights.
Before bringing an action as referred to in Article 38 (1), the Court may, on application by the proprietor of a trade mark right, issue a suspension order if the conditions laid down in paragraph 1 are fulfilled and, if it is apparent that the The rights of the holder would otherwise be seriously compromised. The court shall reserve both the person to whom the order has been applied for the opportunity to be heard by the person who is alleged to be infringing the right to the sign. The notification to the person to whom an order has been requested may be submitted by post or by fax or e-mail. (31.1.2013/107)
The court or tribunal may, upon request, issue a suspension order referred to in paragraph 2 as a temporary violation of an alleged infringer, if the urgency of the case necessarily requires it. The order shall remain in force until further notice. After the issuing of the order, the alleged infringer shall without delay provide an opportunity to be heard. Once the alleged infringer has been heard, the court shall, without delay, decide whether to maintain or withdraw the order.
The suspension order issued pursuant to this Article shall not jeopardise the third right to send and receive messages. The suspension order shall enter into force when the applicant puts an end to the enforcement order (705/2007) The security referred to in Article 2. The possibility of release of the security is provided for Chapter 7 of the Court of Justice Article 7. A suspension order issued pursuant to paragraphs 2 or 3 shall lapse unless the action referred to in Article 38 (1) is brought before a court within one month of the adoption of the order. (31.1.2013/107)
The suspension order shall be replaced by the person to whom the order has been issued, as well as the damage caused to the alleged infringer, and the costs incurred, if the action referred to in Article 38 (1) is rejected, or Shall be dismissed as inadmissible or, as a result of the withdrawal of the case by the applicant, or the failure to appear before the Court. The same shall apply if the suspension order pursuant to paragraph 3 is withdrawn or lapse pursuant to paragraph 4. Compensation for damages and expenses shall be brought in accordance with Article 12 of Chapter 7 of the Court of Justice; Provides for.
§ 49 has been repealed by L 31.1.2013/107 .
Except in the cases referred to in Articles 20 and 21, the registration of a registered mark pursuant to Article 23 is deleted, the registration is deleted pursuant to Articles 24 to 26, 31 or 52, or entered in the register pursuant to Article 33; or Operating licence pursuant to Article 34.
Where the decision has not been communicated to the applicant for information to the addressee, service may take place by means of a trademark law.
An amendment to the final decision of the registration authority in a trademark case may be lodged by the applicant if the decision is contrary to him or has been lodged. As a result of the claim against the registration, the final decision of the registrant shall be subject to appeal against the person to whom the decision is contrary.
The decision to conclude a decision under this law by the registry authority under this Act shall be the subject of a market law, as laid down in the Act on the Government of patents and Registration (175/1992) Provides.
Processing by market law of the complaint referred to in paragraph 1 shall be governed by the law of the market law.
L on a patent and registration board 575/1992 Has been repealed by L for the Patents and Registration Government 578/2013 .
If the registration authority receives a declaration of international registration from the international office referred to in Article 53, the starting date of which is earlier than the date of protection of the Finnish registration of the same mark, and The goods covered by the international registration are the same or, in part, the same as the Finnish registration, the registration authority must delete its decision on the Finnish registration and resolve the matter again.
Paragraph 1 shall apply mutatis mutandis where the registration authority receives from the Community trade mark office mentioned in Article 57 the application for a Community trade mark or the application for a trade mark within the meaning of Article 57a In Finland. (21.1.2000)
If, before the expiry of the registration decision, the registry authority ascertains that the registration decision is based on a manifest error of treatment, the registrant may remove its incorrect decision and resolve the case.
International registration of a trade mark means the registration of a trade mark by the International Office of the World Intellectual Property Organisation, delivered on 14 April 1891 international trade mark In accordance with the Madrid Protocol of 27 June 1989 relating to the registration agreement.
The Patents and Registration Board shall carry out international registration tasks in Finland and keep a list of international registrations in force in Finland.
If a Finnish national or a person with a registered office or a genuine and functioning industrial establishment or a commercial movement wishes to apply for an international registration based on a registration or pending application in Finland, Shall submit an application for international registration to the Patents and Registration Board.
Where an application for international registration is based on a Community trade mark or an application within the meaning of Article 57, an international registration is sought from the Community Trade Mark Office.
An international application shall be made in writing, as specified. The payment shall be made at the time of application.
The registration authority shall verify that an international application for trade marks corresponds to the applicant's Finnish registration or an application pending in Finland.
If the equivalence referred to in paragraph 1 does not exist, the registries authority shall, within the time limit of the applicant, make an adjustment to the effect that the application is lodged.
If the equivalence referred to in paragraph 1 exists, the registrant shall attach a certificate to the international application for this purpose and submit it to the international office concerned before two months have elapsed since the date of the application.
When the registrant receives a notification from the International Office for an international registration relating to Finland, the registration authority shall examine whether there is an obstacle to the registration.
If the registration authority finds that the mark which is the subject of the international registration does not comply with the registrations under this Act, it shall inform the International Bureau that the international registration is not valid in Finland. Within 18 months of the notification of the international office referred to in Article 56a, the registry authority shall send the notification to the international office.
Where a statement issued by the holder of the international registration authority as a result of the notification referred to in paragraph 1 does not contain any evidence that the trade mark may be deemed to comply with this law Registration conditions, the registration authority decides that the international registration is not in force in Finland or is valid only in part. (21.1.2000)
If, within the time limit, the holder of the international registration has not given a statement in response to the notification referred to in paragraph 1, the international registration shall not enter into force in Finland. If the notification concerned only some of the international registration goods, the international registration will enter into force in Finland for the goods not covered by the notification. (21.1.2000)
In the absence of an obstacle to registration, the registration authority shall be alerted by the international office referred to in Article 56a as provided for in Article 20 (1). The alert shall include the date given by the International Bureau for International Registration.
The claim against international registration in Finland shall be made in writing to the registry authority within two months of the date of the alert.
If, following a claim made by the registry authority, the trade mark which is the subject of the international registration does not satisfy the conditions of registration under this law, it shall inform the International Bureau that no international registration Be valid in Finland, as provided for in Article 56b (1).
If the period referred to in Article 56c (2) ends later than 18 months after the notification by the international office referred to in Article 56a, the registry authority shall inform the International Bureau within 18 months of the above: The declaration that the validity of the registration may later expire. In that case, the declaration that the registration is not valid in Finland shall be submitted within one month of the end of the period specified in Article 56c (2).
After the decision taken after the claim, according to which the international registration does not apply to Finland, has become final, the registration authority shall be alerted.
The international registration of a trade mark, concerning Finland, is valid from the date of the international office referred to in Article 56c (1). International registration shall apply mutatis mutandis to the provisions of this Act and the provisions adopted pursuant to it.
If the holder of an international registration who does not have a registered office in Finland wishes to make a statement to the government of the patent and registry office, he shall use an agent residing in the European Economic Area. It may also be an entity domiciled in the European Economic Area.
If the proprietor of a trade mark registered in Finland has an international registration valid for the same mark in Finland, the international registration of the trade mark will replace the Finnish registration if all the Finnish registration The goods are included in the list of goods of international registration.
At the request of the Registry, the registration authority shall register that the international registration of the trade mark is valid and shall be included in the register.
If the trade mark is partially or fully removed from the international register, the registration authority shall remove it from the list which it considers to be valid and shall be deleted.
If the international registration in force in Finland expires within five years from the date referred to in Article 56c (1), because of the validity of the national registration which is based on the international registration, or The national application has ceased, and the proprietor of the trade mark applies for registration of the same trade mark in Finland, is considered to be such an application on the date referred to in Article 56c (1), provided that:
(1) the application shall be made within three months of the expiry of the international registration;
(2) goods covered by the Finnish application were included in the international registration in force in Finland; and
(3) the application will otherwise meet the requirements for registration and the applicant will make the payments provided.
The registration authority shall register in the Register that the Finnish application has been based on international registration and alerts it.
If the international registration in force in Finland ceases to be valid because one of the parties to the Protocol mentioned in Article 53 is terminated by the Protocol and the proprietor of the trade mark applies for registration of the same trade mark In Finland, such an application shall be deemed to have been made on the date referred to in Article 56c (1), provided that:
1) an application shall be made within two years of the date of the entry into force of the termination;
(2) goods covered by the Finnish application were included in the international registration in force in Finland; and
(3) the application will otherwise meet the requirements for registration and the applicant will make the payments provided.
The registration authority shall register in the Register that the Finnish application has been based on international registration and alerts it.
The renewal, transfer and deletion of the international registration and the licence to be notified to the registry authority shall be subject to notification.
An amendment to the decision of the registry authority may apply to the applicant for an international registration and to the holder of the international registration, who has required such registration in Finland if the decision is against him or has been lodged. (21.1.2000)
The decision that international registration is valid in spite of the claim made in Finland may make an appeal. (31.1.2013/107)
In accordance with paragraphs 1 and 2, the provisions of Article 51a shall apply mutatis mutandis.
Community trade mark Means the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of the European Union (hereinafter referred to as The Community trade mark office, Trade mark registered under Council Regulation (EC) No 207/2009 on the Community trade mark. (31.1.2013/107)
An application for a Community trade mark may be lodged with the Government of the Patent and Registration Office, which shall forward it to the Community Trade Marks Office. The application shall be made subject to a fee for the Government of the Patent and Registration.
Application for a Community trade mark, an application for a Community trade mark or an international registration designating the European Community as an application for a national trade mark and for which the Community trade mark office is Submitted to the Agency shall be treated as a national application if the applicant:
(1) carry out the payments provided;
(2) to issue, at the request of a foreign language conversion, and from the attached Annex to the registration authority, a Finnish or Swedish translation;
(3) indicate the address on which the applicant can reach Finland; and
(4) provide a description of the trade mark.
An application, based on the conversion of a Community trade mark or an application for a Community trade mark, shall be deemed to have the same date, privilege and seniority in Finland other than the Community trade mark and its application. The application, based on the transformation of the international registration designating the European Community, shall, on the day of application, be the date of the international registration or its subsequent designation to the European Community and the international registration Privileges and seniority.
More detailed provisions on the application for registration, registration and marketing of trade marks, and the role of the registry authority are laid down by a decree of the Council of Ministers.
The registry authority may provide more detailed technical provisions for the application for registration and its handling, registered trade mark matters, trade mark register, alerts and other technical issues comparable to them.
The fees charged under this Act shall be laid down separately.
This Act shall enter into force on 1 June 1964. It repeals:
The Regulation of 11 February 1889 on the protection of the commodity club;
Article 13 of Chapter 36 of the Penal Code ; and
Article 2 of the Decree of 21 December 1885 of 21 December 1885 on the extended freedom to use gunpowder.
Prior to the entry into force of this Act, the validity of the registration of a trade mark is determined by the previous law.
On the basis of Article 26, the trade mark may be declared forfeited in the event that the right to sign was born before the entry into force of this Act.
There is a new law applicable to pending registration applications.
The five-year period provided for in Article 8 shall, on the date of entry into force of this Act, be read by the registered marks.
Article 40 shall also apply where an act of compensation has been committed before the date of entry into force of this law, however, in such a way that the three-year period provided for in that provision Period, when it would start before the date of entry into force of the law, shall be read from that date.
When, for the first time since the entry into force of this Act, registration of the registered trade mark is renewed for the first time, the date of expiry of the registration period based on this renewal shall be considered in the same day as the original date of registration, That the registration period under the previous reform would have been calculated differently.
In the case of the renewal of registration, the changes which may result from a change in the classification of the goods in question shall be made in respect of the categories of goods.
The registration of a trade mark which, according to the previous law, has had to be reformed without application, must now be renewed in accordance with the provisions of this law on the renewal of registration. If a renewal has not been applied for the first time within one year of the entry into force of this Act, it shall be removed from the register.
This Act shall enter into force on 1 January 1966.
This Act shall enter into force on 1 April 1976.
The provision referred to in Article 30 of the Act on the period during which the claim is made here shall apply to applications made after the entry into force of the law. Article 51 of the Law shall apply to the final decisions of the registry authority after the entry into force of the law.
This Act shall enter into force on 1 March 1981.
This law repeals the trade mark law of 10 January 1964 (79/64) .
This Act shall enter into force on 1 January 1984.
HE 37/83, Ivhms. 2/83, svk.M. 53/83
This Act shall enter into force on 1 February 1993.
This law shall also apply to trade marks registered before the entry into force of this Act.
Upon entry into force of this Act, applications for registration of trade marks shall be subject to the provisions of this Act, with the exception of applications for registration which have already been issued by the registration authority in accordance with Article 20 of the Trade Marks Act. Such registration applications shall be processed and resolved under the previous law.
Law of 22 July 1991 amending the curves of the Court of Justice (1065/91) And on the same day the law amending the outlaws (1066/91) Shall apply from the date of entry into force of this Act for the matters referred to in Chapter 6a.
THEY 302/92 , TaVM 57/92
This Act shall enter into force on 1 September 1995.
THEY 94/93 , LaVM 22/94, SuVM 10/94
THEY 181/95 , No 25/95, EV 157/95
This Act shall enter into force at the time laid down by the Regulation. On 1 April 1996, L 1715/1995 came into force on 1 April 1996.)
This law shall also apply to trade marks registered before the entry into force of this Act.
With the exception of Article 17 (1), pending entry into force of this Act, the application for registration of trade marks shall be governed by the provisions of this Act. However, applications for registration which have already been issued by the registry authority in accordance with Article 20 shall be processed and settled upon entry into force of this Act.
THEY 135/95 , Case No 169/95,
This Act shall enter into force on 1 March 2000.
This law shall also apply to trademarks registered before the entry into force of this Act, with the exception of Article 21 (1).
With the exception of Article 13, Article 14 (1) (5) and Article 19 (2), pending the entry into force of this Act, the provisions of this Act shall apply.
THEY 133/1999 , TaVM 11/1999, EV 82/1999
This Act shall enter into force on 1 September 2006.
In the event of an offence committed before the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply instead of Articles 38 and 40 of this Act.
The proceedings brought before the entry into force of this Act shall apply, instead of Article 41a of this Act, to the provisions in force at the time of entry into force of this Act.
Article 48a of this Act also applies to a dispute brought before the entry into force of this Act.
THEY 26/2006 , LaVM 6/2006, EV 67/2006
This Act shall enter into force on 1 December 2010.
THEY 102/2009 , LaVM 2/2010, EV 21/2010
This Act shall enter into force on 1 January 2011.
THEY 58/2010 , TaVM 14/2010, EV 127/2010
This Act shall enter into force on 1 September 2013.
The decision of the registry authority concluded before the entry into force of this Act shall be brought in accordance with the provisions in force at the time of entry into force of this Act.
The dispute, application and criminal proceedings brought before the District Court before the entry into force of this Act shall be treated in accordance with the provisions in force at the time of entry into force of this Act.
Before the law enters into force, action can be taken to enforce the law.
THEY 124/2012 , LaVM 15/2012, EV 158/2012
