The Holder Of Trademark Law

Original Language Title: Tavaramerkkilaki

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Read the untranslated law here: http://www.finlex.fi/fi/laki/ajantasa/1964/19640007

In accordance with the decision of Parliament lays down the General provisions section 1: Chapter 1 (25.1.1993/39) the registration of a sign as a trade mark is an exclusive right to a specific identifier to be sold or otherwise offered in the course of trade to distinguish the goods of other issuance. (21 January 2000/56)
A trade mark may consist of any sign capable of being represented graphically, and which are capable of distinguishing the goods of other goods in the course of circulation. A trade mark may consist, in particular, the name of the person, including pattern, letter, number, or the shape of goods or of their packaging.
What this law is valid for goods, services.


section 2 of the exclusive right conferred by the trade mark can be obtained without a rekisteröintiäkin, when the mark has become established. (25.1.1993/39)
The issue may be to get exclusive rights to the rest of the article I, section 2, of the special to be used in the identification of the goods referred to in the trade mark. (25.1.1993/39)
The distinguishing sign shall be considered as having been established by use, if that's in this country is the relevant body means the holder of the goods or kuluttajapiireissä commonly known as a special character.


section 3 (16.12.1983/996), each receives in the course of trade to use the last name, the address or domain name, subject to the use of the distinctive sign of penetration is not liable to give rise to the likelihood of confusion between the trade mark or to another protected name, address or trade name, that use a business or profession. (25.1.1993/39)
What has been said above also applies to the name of the corporate law (128/79) aputoiminimeä and referred to in the secondary.
A trade mark may not be put into another name or trade name. A trade mark may not be having another aputoiminimeä or subsidiary name, except when these are devoid of any distinctive character, or the question is different sectors or types of goods.


section 4 of this Act, section 1 – 3: identification of the character of the goods in accordance with the law, that no one other than the proprietor is not allowed to identify a use designation confusingly similar to the characters of the penetration that goods or packaging, in advertising or commercial paper, or by any other means, including the use of the oral. What has been said here, it is valid regardless of whether the goods or will it put on the market in this country or abroad, or whether it is in the course of trade for use in the territory of Finland, to retain, for storage or to a third country to be transported. (21 January 2000/56)
In order to use within the meaning of subparagraph (1) above, shall be considered as implying, inter alia, the fact that someone in the calculation of the circulation of spare parts, accessories or anything else, which is suitable for identification of the character of the other goods, refers to this in a way that is likely to produce the impression that the origin of the goods put into circulation by the holder of the distinguishing sign or that this has agreed to sign.
If the goods have been issued by using a specific symbol and if other than the holder of the mark is made essential changes by modifying, repairing, the goods, or any other comparable manner, nor to let the stuff be issued again in this country, the characters käytettäkö, unless the change is clearly stated or unless it is otherwise clear.


the identification mark of the goods under section 5 of the exclusive right does not include the kind of character parts, which essentially means the addition of goods or of their packaging, usefulness or otherwise, of any of the Union's tasks, which is not characterized by name.


section 6 of this Act, the identification marks are considered to be confused if they mean the same or similar species. (16.12.1983/996)
Characteristics can, however, notwithstanding the provisions of paragraph 1, to invoke the sekoitettavuuteen a symbol, which is widely known in this country, if another similar name use of that sign without acceptable reason would the reputation of the earlier mark and the earlier sign takes unfair advantage of, or is detrimental to, the distinctive character or to be reputation. (25.1.1993/39)
The provision of this article shall apply accordingly to the third paragraph of article 3 of the aputoiminimeen and in the secondary. (16.12.1983/996) If more than one (1) or under section 2 of the call for the identification marks of the goods, which are the monopoly of the confused, there is a priority for anyone who can rely on the earliest legal base, if the change is not due to the fact the article 8 or 9.


section 8 (25.1.1993/39) even if the registered trademark that has been used in this country for a continuous period of five years, is confused with the earlier registered mark, the use of the later mark or did not get a ban, if registration has been applied for in good faith and the holder of the earlier mark was aware of the use of the mark within the said time.


section 9 If a well established trade mark is confusingly similar to another previously registered or established in the trade mark and the holder of the earlier mark is not within a reasonable time, taken measures in order to avoid the use of the later mark, let he or she will no longer be the power to oppose the use of a.


section 10 of the cases, which for the purposes of section 8 or 9, can be used as is reasonable, to order that any symbol or both of them may be used only in a specific manner, such as by adding a certain way, muodosteltuna, the name of the place, or by making your mark with any other clarification.
What is laid down in subparagraph (1), shall apply accordingly, if there is a likelihood of confusion arises from section 3 (1) or (2) in the cases referred to. (16.12.1983/996), section 10 (a) (December 22, 1995/1715), the trade mark shall not entitle the proprietor to prohibit its use in relation to goods which the proprietor or with his consent is issued under that trade mark by the European economic area.
What the first paragraph shall not apply where there exist legitimate reasons for the proprietor to oppose to the calculation of the goods issued by, especially where the condition of the goods is changed or reduced after they have been issued.


Article 11 of the dictionary, in the manual or in any other printed or online publication the author, the Publisher and the Publisher shall be liable, at the request of the holder of a registered trade mark to ensure that publication does not take the trademark version without notification to the Customs authorities, that the trade mark has been registered. (21 January 2000/56)
If anyone fails to comply with paragraph 1, shall be obliged to contribute to the fact that he is the correction shall be published in the manner and to the extent that it is found in the understanding, as well as pay for the adjustment.
Chapter 2, section 12 of the trade mark registration of the trade marks registry to keep the National Board of patents and registration.


section 13 (21 January 2000/56) to be registered as a trade mark must be capable of distinguishing the goods of the proprietor from those of others. The kind, quality, quantity of the goods, the price or the purpose of the manufacture of seats, or at least muunteluin or either exclusively or only in increments of is not, in itself, be regarded as distinctive in relation to the expression of the characters. None the less, it is not to be regarded as either a sign which consists solely of, which results from the nature of the goods which is necessary to obtain a technical result, or the value of the goods substantially korottavasta. Now, if you criticise the distinctiveness of the mark must be affixed to the attention of all the branches and, in particular, for how long and to what extent the characters have been used.


section 14 of the trade mark shall not be registered: (16.12.1983/996) 1) if the mark is required by law, is contrary to public policy or to accepted principles of;
2) if it is of such a nature as to deceive;
3) if it is taken without the permission of the national coat-of-arms, the flag or other emblem, the use of the mark to be registered, or the like, of an official inspection or guarantee mark or stamp of inspection or warranty, Finnish Central Organisation, kunnallisvaakuna or international States, flag, coat of arms or other emblem, designation or abbreviation of the name, or the name or the name of the pattern, the abbreviation, if it is sanotunlaiseen ID to an image, the mark, stamp the name of the reduction, or confused; (21.8.1970/552) 4) if it consists of one, or if it contains something that is likely to create the impression that the issue is the name of a protected work or the second of the second aputoiminimestä or a secondary, as referred to in article 3, paragraph 3, of the name or likeness of another, unless the name or portrait seem to mean someone long dead; (16.12.1983/996) 5) if it consists of one, or if it contains something that is likely to create the impression that the issue is the name of a protected literary or artistic work of another, when this is an extraordinary, or which infringes on another's copyright in such a work or another right to the photo, or a protected template; (21 January 2000/56)

6) if it is liable to be confused with another trader's name or in the name of the protected work, or a aputoiminimeen, or to a secondary account, referred to in article 3, or of another trade mark that is registered on the basis of the earlier application, or another ID to the mark, which is established at the time when the registration is requested; or (16.12.1983/996) 7) if it is liable to be confused with the identification mark of the goods, which at the time of application, the applicant, and the other to use when making an application for the use of its mark and is not used before knew as the second symbol the use; or (December 22, 1995/1715) 8) if it is liable to be confused with the European Community in Finland, or the international registration to protect your trade mark, on the basis of the registration of the earlier right in Finland this is or in the European Community; (21.12.2004/1220) 9) if it is liable to be confused with the meaning of section 57 of the Community trade mark, which is registered on the basis of the earlier application, or which is in section 57 (a) of Council regulation under article 34 or 35 priority in Finland; (21 January 2000/56) 10) if it is liable to be confused with the name of the registered plant variety; or (21 January 2000/56) 11) if the registration is for agricultural and food products and the protection of geographical indications and designations of origin for the implementation of Council Regulation (EC) No 1782/2003 510/2006, article 14 of the common organisation of agricultural markets and on specific provisions for certain agricultural products and amending Regulation (EC) No 1782/2003 1234/2007 (single CMO Regulation) amending Council Regulation (EC) no 491/2009 article 118 l or distilled spirits on the definition, description, presentation, labelling and protection of geographical indications, as well as Council Regulation (EEC) No 2377/90 whereas the European Parliament and of the Council repealing Regulation (EC) No 1782/2003 110/2008 referred to in article 23. (26.11.2010/1016)
In the cases referred to in paragraphs 4 to 9, shall be the registration, if the right question, agrees to and from otherwise due to an obstacle to registration. (December 22, 1995/1715), section 15, of the registration of a trade mark, obtained an exclusive right does not include the kind of character parts, which does not, in itself, cannot be registered.
If the mark includes a component and a specific reason is to assume that the uncertainty as to the extent of the exclusive rights of the registration of the mark may cause, may be recording this section specifically to separate protection.
Later on, if it turns out that the protection of the mark has become rekisteröimiskelpoiseksi from the separation between, can be delivered to the new registration, which is part of this character or to the mark in its entirety without the said limit.


section 16 of the trade mark shall be registered in one or more of the class. Trademark classification confirms the National Board of patents and registration.


section 17 (16.12.1983/996) registration of a trade mark shall be made in writing to the registry authority. The application must indicate the applicant's name or business name and the articles and categories, which include. The character is clearly demonstrated in the application. (December 22, 1995/1715)
At the time of application, must be subject to payment of a fee. The application shall be deemed to have been filed until the fee has been paid. (25.1.1993/39) section 17 (a) (21 January 2000/56) if the application relates to a number of goods, some of them may be at the request of the applicant, to separate into one or more of the application as provided for in the regulation in more detail. The date of filing of the application shall be considered the filing date of the original application date. If some of the goods in the original application is earlier than the day of application for the privilege, the privilege to follow the distribution of these goods.
What has been said in the request in subparagraph (1), applies, mutatis mutandis, to the registration.


section 18 If the applicant for a trade mark, which is for the first time used in the international exhibition presented for the registration of the goods, is applied for within six months from the date on which the first was put on display, the application with other applications or the use of other symbols, comparing to be considered to have been filed on that date.


Article 19 of the conclusion of the application unless the applicant comply with what is prescribed, or if the registration authority finds that the application for any other reason acceptable to the applicant, within the time limit in the country of domicile or velvoitettakoon to make an adjustment, at the risk of that an application is to be suspended.
When the registration authority is of the opinion that the application is admissible, even after the adoption of the statement, the application must be dismissed in so far as there is an obstacle to its adoption, unless it is subject to the adoption of the new deadline. (21 January 2000/56) section 20 (December 22, 1995/1715) if the application complies with the requirements and there is no obstacle for the registration, the registration authority for the registration of a trade mark shall be registered and have an announcement.
Opposition against the registration must be made in writing within two months from the date of the registration authority of the kuuluttamis.
Even if the opposing party withdraws the claim, the matter can be investigated, if there are special reasons for doing so.


section 21 (December 22, 1995/1715) after the registration of the registration authority to set aside the claim in so far as there is an obstacle to registration. When a decision repealing the registration has become final, the decision is an announcement. (21 January 2000/56)
The registry authority shall reject the opposition, if the registration is not an obstacle.


section 22 of the Registration shall be valid from the day of the date on which the application is made, until ten years have elapsed since the date of registration.
Registration shall be renewed upon application by the holder of the mark, of the end of the period of ten years from the previous registration at any given time.
The registration may be renewed on the earliest years of the expiry of the registration period, and at the latest within six months of its completion. (December 22, 1995/1715)
The renewal must be applied for in writing, in the context of the reform of the registration authority if you want to make a change, or if the registry entries in the registry are not marked, the categories to which the goods belong. Otherwise, the registration will be considered renewed once the renewal fee has been paid. (December 22, 1995/1715)
The processing of the application, shall apply by analogy to the provisions of article 19. (December 22, 1995/1715) on application by the right holder of a registered trade mark may be in the registry to make up to the mark, despite the minor changes to the overall impression of the mark, which remains unchanged.
Chapter 3 invalidity of the registration of Legal protection and section 24, Unless the holder of the registered trade mark has not applied for renewal of registration, as in section 22, it is said, is a sign to be removed from the registry.
The trade mark is also to be removed from the register, when at the request of the holder of the registration of the mark. If the registry entry has been set up to the mark, according to the lien, let not the consent of the holder of the removal from the register of toimitettako without a lien.
On application by the right holder of the sign can be reduced to a list of the categories of goods or services, that registration means. The consent of the holder of a lien may gives rise to what has been said in the article.


Article 25 if the trade mark has been registered in violation of this law, julistettakoon the registration invalid where and to the extent that change is not the result of section 8 or 9 point, or any other change in circumstances.


Article 26 (25.1.1993/39) the exclusive right to the trade mark will be lost: 1) if the character after registration or settling of the seem to have lost their ability to tell others of the holder of the mark; or 2) if the registration is liable to mislead the public or to the consolidation has occurred, or to the law, public policy or to accepted principles of unconstitutional.
The trademark registration will be lost, if the mark has not been used for the past five years and the holder to an acceptable reason. Use of a trade mark with the consent of the holder, the holder of the trade mark shall be treated by the use of. The loss of the registration may not, however, be required if the mark has been used in the inactivity time-out period after the end of the five years, but prior to the revocation of the requirement. In this case, does not take into account the kind of loss of use of the mark, which has been made of the requirement for a period of three months preceding the adoption of the use of the preparation, if initiated only when the holder has become aware of the fact that the loss of a claim can be made. (December 22, 1995/1715)
If the application for revocation of a registration in respect of only some of the goods for which the trade mark is registered, the registration will be lost only in respect of those goods.


as to the invalidity of article 27 of the Registration and of the loss of the mark determined by the Court, when it is done in the action against the holder of the mark.
The purposes of paragraph 1, an action which must not run anyone who suffers harm. If the action is based on article 13, article 14, paragraph 1, sub-paragraph 1 of paragraph 3, or article 26 of the application to be run also the public prosecutor or the relevant body or the interests of professionals supervising Community.
At the request of the applicant, the application entry in the trademark register shall be done.
Chapter 4 special provisions on the protection of foreigners and foreign trade marks and article 28 of the



If someone who does not carry on business in Finland, the application for registration of the trade mark applies, it is accompanied by proof that the applicant has received the same mark for similar types of goods registered in the foreign State where the applicant carries on business or is domiciled or of which he is a national.
Such a certificate as referred to in subparagraph (1) shall not, however, vaadittako, if a similar clarification is not in a foreign State required so far, which is a Finnish citizen or who is here in my place, or which is engaged in here.


section 29 of the trade mark, which is registered in a foreign State may be subject to reciprocity, be registered in Finland as it is registered in a foreign State, if the registration does not contravene article 13 or 14 or the provisions of the trade mark has not lost its distinctive character. (25.1.1993/39)
Notwithstanding the provisions of subparagraph (1), it is said, will be the recording of reciprocity condition foreign trade mark to make your mark with a few minor changes, as a result of which the overall impression of the mark does not change.


section 30 (16.12.1983/928) the regulation may provide that the application for registration is made in this country, when registration of the trade mark was previously retrieved outside of the Kingdom, at the request of the applicant, be deemed to have been made by other applications or other identification marks of the goods taken on at the same time as the outside of the Kingdom.
A regulation is necessary in order to provide the conditions in which the privilege can be referred to in subparagraph (1).


section 31 (26.11.2010/1016) the trademark applicant who does not have a registered place of business in Finland, must be a resident of the European economic area, which is entitled to represent him in matters relating to the application.
The holder of a registered trade mark, which does not have a registered place of business in Finland, must be a resident of the European economic area, which is entitled to represent him in matters relating to the trade mark and which is right for him to take on the challenge of communications, invitations, and other documents in matters relating to the trade mark, with the exception of the challenge and in criminal matters, which the party is obliged to personally appear before the Court. The proprietor of the trade mark agent shall be recorded in the trademark register.
If the applicant or the registered trade mark, the trade mark proprietor has not duly authorised agent, the applicant or the holder of the mark is the registration authority's last address, using the call on this to make the correction within the time limit, failing which the application shall be deemed to be withdrawn or removed from the registry. If the registration authority known to the applicant or the holder of the mark, not even have the opportunity to address the issue of trademark journal.
The opposition, which does not have a registered place of business in Finland, must be a resident of the European economic area, which is represented by the opposing party's argument in the case.
An agent can also be a community, which is home to the place of business in the European economic area.
Chapter 5 assignment and licensing section 32 the holder of trademark may be transferred to another. The transfer may include either all of the types of goods for which the mark is registered or established, or a part of them.
When handed over to the business, which includes the holder of trademark, follow the sign for movement, unless it was a condition that the mark will remain the supplier or to the donor as well as the movement of the new owner will get to use the mark for goods of different species.


the transfer of a registered trade mark of section 33 shall, on request, be registered in the trademark register. If the registration authority finds, on the basis of the use of the Community trade mark is likely to mislead the public, apparently, there is an inscription, however, refuse, if said damage is not removed in such a way that a trade mark is made any change or addition.
The transfer, which has not been entered in the register, does not apply to the third point, which, in good faith, has acquired the right to the trade mark.
If someone wants to get the holder of trademark rights as security, is to be agreed in writing and recorded in the register. The lien does not arise until the entry has been made.


section 34 of the registered proprietor of the trade mark law itself can be retained, to justify the use of the trade mark by another in the course of trade. The use of a permit may cover the whole of the country or one of its components, and it can refer to either all or part of the registration of the protected goods. Holders of a licence can have one or more. The use of the permit shall, on request, be registered in the trademark register. However, the registration authority may refuse entry if you use permission-based using the sign, apparently, is to become liable to mislead the public. When a license will be hung, is the entry to be deleted from the registry. (25.1.1993/39)
The license, which is not entered in the register, does not apply to the third point, which, in good faith, has acquired the right to the mark.
If not agreed otherwise, let the licensee the right to give up on it further.


section 35 of the right conferred by the trade mark may not be attached, unless it is established by the lien.
If the name of the property is transferred in bankruptcy, a trademark right to the estate.
Chapter 6 of the prohibition on the use of Misleading symbols in section 36 of the goods if the goods were a hallmark of the transfer or use of a licence, the holder of the mark will be misleading since the adoption of new, or the licensee, the Court, in may, to the extent that it is found to be necessary to prohibit him from using the mark.
Use be prohibited, save in the case, if the mark is misleading or if its owner or another with his consent to use the mark in such a way that the public will be misled.
The action on the basis of this article may take Prosecutor, anyone who suffers harm from the use of the distinguishing sign as well as the relevant supervisory or self-employed, the interests of the community.


37 section by prohibiting pursuant to article 36 of the distinguishing sign of the exercise of the right to the goods, as it is found reasonable, order that the hallmark of a breach of the prohibition on the provision of the said article, which has been put into the packaging, advertising, leaflet, business document or another, must be removed or so changed, that it is no longer misleading. Unless such a measure is not otherwise achievable, the destruction of property, or, in certain ways, have appointed unto him, marked to be changed.
The purposes of paragraph 1, the property, which can be used in the provision referred to in anticipation of having a seizure. that being said, it is to be applied, what the seizure in criminal matters generally.
6 (a) in the FIGURE (December 22, 1995/1699) (December 22, 1995/1699) Chapter 6 of the repealed by L:lla December 22, 1995/1699.
Chapter 7 sanctions for the violation of trademark law article 38 (21 July 2006/680) If someone is in breach of rights of the identification mark of the goods, the Court may prohibit him from continuing or repeating the Act.
Which, either intentionally or recklessly violates the right to identification of the mark of the goods, the compensation of damages and interest to a reasonable person has a duty to use the mark, as well as compensation for all the damage caused by an insult to the cause. If negligence is only slight, compensation for damage may be adjusted.
If huolimattomuuttakaan is not a violator is liable to pay reasonable compensation for using the mark.


39 section who willfully violates the identification of the goods, the right holder of the sign the right to part of this law, is to be condemned, if the Act is not punishable under section 2 of Chapter 49 of the Penal Code for the purposes of teollisoikeusrikoksena, the holder of trademark infringement to a fine. (21.4.1995/716)
Prosecution for an offence referred to in subparagraph (1) shall not, unless the public prosecutor to make the owner of the prosecution of the offence is not to be announced.
When the question is the registered trade mark, no penalty tuomittako if the insult has been made after the date of registration.


40 section (21 July 2006/680) a refund and compensation for the damage may be claimed only on the basis of article 38 for the last five years before the action was brought. The right to compensation and the compensation of the damage is lost, if the action is not brought within the said period.
If the issue is the registration of a protected trademark, refund and notwithstanding the provisions of paragraph 1, compensation for the damage may be required prior to the registration date of the action is initiated, if within one year of the date of registration.


Article 41 the requirement that the identification of the goods the right to the mark is infringed, the Court may impose a reasonable, if it is found that the hallmark, which in this respect has been the goods, packaging, promotional leaflet, business document or another, must be removed or so amended that it was no longer be misused. Unless such a measure is not otherwise achievable, the destruction of property, or, in certain ways, have appointed unto him, marked to be changed. In this case, the Court also may impose the requirement on compensation for property damages and interest.

In this, whether it be an insult to the property referred to can be intentional or not, the public prosecutor or the Court so decides, be arrested, if the alleged breach of the post, when it is deemed necessary, in order to guarantee the damage, which may result from the opposing party, as well as attachment sequestration resulting costs; in this case, is similarly applied to what are usually in criminal matters is provided for attachment.


41 (a) in the section (21 July 2006/680), the Court may for trademark infringement with regard to the dispute the applicant's order, that the defendant must reimburse the costs incurred by the applicant, that the fact that he is, mutatis mutandis, to publish the final judgment, I was where the defendant is found to have infringed trademark right. The order will not be issued if the dissemination of the information is in a law limited. When considering whether to order and the order of the Court shall take into account the contents of the publication of the general importance of the nature and scope of the infringement, the disclosure of the costs and other related issues.
The court orders the disclosure of which may be reimbursed the reasonable costs of the defendant. The applicant does not have the right to compensation if the judgment has not been made public within a period to be determined by a court judgment which has become final judgment.
Chapter 8 the trade mark matters under section 42 (31.1.2013/107) in this law are based on the issues of the dispute and the application in the market.
Hereinafter referred to as section 57 (1) for the purposes of the said Council regulation on the Community trade mark court operates in the market Court.
The processing of the application of the dispute and the issues in the market provides for the right to start in the market (100/2013).


43 section (31.1.2013/107) in the prosecution of the criminal code, article 2 of Chapter 49 of the right referred to in the identification of the goods to the mark with 39 of the laws of the teollisoikeusrikoksesta and this section of the offensive: the offence referred to in subsection (1) of the trade mark deals with the District Court of Helsinki.
In the context of the charge referred to in paragraph 1, the matter can be dealt with in the private prosecution of the offences referred to in article 38 (2) resulting from and in accordance with the third paragraph of compensation/refund claim and the claim under article 41 notwithstanding the provisions of article 42.
The Court remains competent to investigate the requirement referred to in paragraph 2, even though the conditions of the perustaneissa there is a change in the requirement after the presentation.


43 (a) in the section (31.1.2013/107) in view of the above, article 43 of the court seised of the case within the meaning of the right to obtain the opinion of a Court of Justice, shall apply to the registration authority of the market Court Act, Chapter 4, section 22 of the Act provides for the right to obtain the opinion of the law of the market.


Article 43 (b) (31.1.2013/107) in dealing with the matter referred to in section 43 District Court may be assisted by experts for a maximum of two on the right of the law on the market (99/13) referred to in article 7 (2) of the expert members.
The expert opinion of the District Court shall be given in writing to him to do. The expert shall have the right to put questions to the parties and the witnesses. Prior to the ruling of the District Court shall be reserved for the parties the opportunity to comment on the opinion of an expert.
The right to remuneration, shall apply to the market of an expert of the right under article 37 of the law on the expert's fee.


section 44 (31.1.2013/107) in view of the above, article 43 of the court seised of the case within the meaning of the obligation to notify the registration authority of the resolution shall apply to the right to start the market Court Act, Chapter 4, section 23 provides for the right of the obligation to notify the market solution.


Article 45 If someone is given the exclusive right to use the registered trade mark in the country and a licence was marking the holder of trademark in the register, is the holder of trademark law, as well as the holder of the mark that the licensee to keep the identities of the shareholders concerned.

2 L:lla 31.1.2013/107 is repealed.

What has been said, in regard to this article, even if the holder of an exclusive license giving the character is arrested for themselves shared access.


the application of section 46, which means to get established, is the identification of the goods to the mark there, or is there a certain procedure in a Court of law, may be admissible if there is some doubt about the side and this is detrimental to the plaintiff.
This kind of issue is accordingly applied, what is laid down in article 45.


47 section, which is required for a declaration of invalidity of the registration of a trade mark, must not take the original voicemail in focus, even if the trade mark has been surrendered to initiate proceedings after the other, and let the Court in which the action has been, also apply to the latter. What this is called, in regard to, respectively, in the case of a revocation application.


section 48 (31.1.2013/107), section 48 repealed by L:lla 31.1.2013/107.


Article 48 (a) (21 July 2006/680), the Court may, within the meaning of subparagraph (1) of section 38 proceedings dealing with the requirement of the holder of trademark law to impose the transmitter, server, or other device to an administrator or other intermediary service provider, subject to a penalty payment, to suspend the use of the trade mark alleged to be defamatory (injunction), as it is not unreasonable, taking into account the trademark of the alleged infringer, the intermediary and the rights of the holder of the trade mark right.
Before the section 38 proceedings referred to in the Court of Justice may, on application by the holder of the trade mark right to give an order of suspension, if the conditions set out in subparagraph (1) is subject to, and if it is apparent that the implementation of the rights of the holder of the trade mark right would otherwise be seriously in jeopardy. The Court is to be reserved, as well as the person to whom the order is sought to be given to the identification of the goods, the alleged infringing the right to the mark, given an opportunity to be heard. The order for service of the person to whom it is applied for, may be sent by post or fax, or e-mail. (31.1.2013/107)
The Court may, at the request of the temporary suspension order referred to in paragraph 2, without consulting the alleged any violations may result, if the urgency of the matter, it necessarily requires. The order is in effect until further notice. The alleged infringer an injunction is an order without delay, after the adoption of the opportunity to be heard. When the alleged any violations may result, the Court shall forthwith be decided whether the order or cancel it.
Under this section of the suspension order will not be compromised by a third party's right to send and receive messages. The suspension order shall enter into force on the date on which the applicant natural person who set the bailiff (705/2007) 8 the security referred to in article 2 of chapter. The possibility of setting up the security provided for in the code of released from Chapter 7, paragraph 7, of the ML. Under paragraph 2 or 3 of the suspension Ordinance shall lapse, unless the section 38 proceedings referred to in paragraph 1, be brought up to the Court, within one month of the adoption of the order. (31.1.2013/107)
As has been said, the suspension order is replaced by the person to whom the order was issued, as well as the execution of the alleged injury suffered by the infringer an injunction as well as the costs of the case, if the section 38 application was dismissed or referred to the action as inadmissible or if the matter is left to the old, therefore, that the applicant has withdrawn his application to the Court or not. The same is valid if the withdrawal or suspension pursuant to paragraph 3 of the order under paragraph 4 lapses. The replacement of the damage and the costs of the proceedings Chapter 7 Chapter 12.


49 section (31.1.2013/107) article 49 is repealed by L:lla 31.1.2013/107.
Chapter 9 the publication of the notification of the decision, the appeal, and (December 22, 1995/1715) section 50 (December 22, 1995/1715) except for the 20 and 21, in the cases referred to in article kuuluttaminen shall be submitted, when the register in accordance with article 23 shall be amended as the character, the registration will be removed in 24-26, 31 or 52, under section 33 of the transfer will be made in the register pursuant to section or under section 34 of the operating permit.


section 50 (a) (25.1.1993/39) if the decision has not been notified to the applicant on this address, the service can take place by a trademark.


section 51 (31.1.2013/107) the change in the registration authority's final decision, the applicant may apply for a trade mark case, if the decision is against him or have been suspended. As a result the opposition against the registration of the registration authority to make the final decision may be appealed by the decision.


section 51 (a) (31.1.2013/107) the decision taken by the registration authority in the event of an appeal under this Act by appealing to the market as the Government on the law of patents and registration of Finland (575/1992).
The processing of an appeal, as referred to in subparagraph (1) above market law provides for the right to start the market Court Act.

(L) the Government of patents and registration of Finland 575/1992 is repealed by the National Board of patents and registration of the Government L:lla 578/2013.



Article 52 (December 22, 1995/1715)


If the registration authority receives, for the 53 of the notification of the international registration by the International Bureau referred to, that the start date is earlier than the protection of the same mark in the Finnish registration, the date and the protection of the international registration a part of the goods that fall within the same or the same as the Finnish registration, the registration authority shall remove its decision on the Finnish registration and solve the thing again.
What has been said in the first paragraph shall apply accordingly, if the registration authority receives, for the 57 sections mentioned in the notice of application for the Community trade mark Office as a Community trade mark or an application referred to in article 57 (a) of the Act for the registration of a trade mark in Finland. (21 January 2000/56)
If the registration authority finds, after expiry of the opposition period the registration before the registration, that the decision is based on a manifest error of processing error, the registration authority may remove an incorrect decision and resolve the issue.
Chapter 10 (December 22, 1995/1715) the international registration of marks under section 53 (December 22, 1995/1715), an international registration of a trade mark means the International Bureau of the world intellectual property organisation, carried out by the registration of a trade mark, which has been submitted on 14 April 1891 the Protocol annexed to the agreement concerning the international registration of marks, adopted at Madrid on 27 June 1989, in accordance with the Madrid Protocol.
National Board of patents and registration of Finland, the international registration takes care of the tasks, and keep a list of international registrations in force in Finland.


Article 54 (21.12.2004/1220) If a Finnish citizen or a place of business or in Finland, which has a real and effective industrial or commercial establishment in Finland wishes to apply for business registration in force, or pending the application of the international registration based on an application for international registration, he shall make the patent-and license to the Government.
If an application for the international registration of industrial designs is based on article 57 referred to in the application for a Community trade mark or on a Community trade mark, the international registration is sought from the Agency.


55 section (December 22, 1995/1715) the international application shall be made in writing in a way rather than separately. At the time of application, shall be provided for a fee.


Article 56 (December 22, 1995/1715) registration authority verifies that the applicant for the international registration of the trade mark application complies with the pending application in Finland or Finnish.
If the equivalence referred to in subparagraph (1) does not exist, the registration authority within the period required by the applicant to correct the international application, that an application is to be suspended.
If the correlation is there, in accordance with paragraph 1 of the registration authority to attach a certificate of the international application, this application and submit it to the International Bureau before two months have elapsed since the date of filing.


Article 56 (a) (December 22, 1995/1715) When the registration authority receives a notification from the International Bureau of the international registration, that is, the registry authority shall examine whether the registration barrier.


Article 56 (b) (December 22, 1995/1715) if the registration authority finds that the international registration of the mark applied for with the conditions of registration under this law, it shall inform the International Bureau that the international registration valid in Finland. The registry authority shall send a notification to the International Bureau, with reasons, within 18 months of the date referred to in article 56 (a) the notification by the International Bureau.
If the holder of an international registration in the register referred to in subsection 1, the disclosure statement is not presented as facts, on the basis of which the trademark could be considered to meet the conditions for registration in accordance with this Act, the registration authority shall then take a decision, according to which the international registration is not valid in Finland, or it is only valid in part. (21 January 2000/56)
If the holder of the international registration has not been given within the period referred to in subsection 1, the statement of its registration authority, as a result, the international registration shall not enter into force in Finland. If the said notification was only some of the goods, of an international registration in the international register shall enter into force in Finland for the goods to which the Declaration was not. (21 January 2000/56) 56 (c) of section (December 22, 1995/1715) is no impediment to registration, the registration authority shall, unless the broadcast of the 56 (a) of the notification by the International Bureau referred to in section as section 20 (1) of the Act provides. The public notice will be issued by the International Bureau of the international registration date.
The argument against Finland, the international registration shall be made in writing within two months from the date of the registration authority of the kuuluttamis.


Article 56 (d) (December 22, 1995/1715) if the registration authority finds, after the argument, that is the subject of the international registration of a trademark in accordance with the conditions of registration, complying with the provisions of this law, it shall inform the International Bureau that the international registration in force in Finland, as in section 56 (b).
If section 56 c subsection 2 of the said period expires later than 18 months after the date referred to in article 56 (a) of the notification by the International Bureau, the registry shall inform the International Bureau, within 18 months of the notification referred to above, the period of validity of the registration may later stop. In this case, a statement that the registration is not valid in Finland, shall be submitted within one month of the 56 (c) of that section.
When an argument after the decision, according to which the international registration does not apply to Finland, acquired the authority of a final decision, with the broadcast of the registration authority of.


Article 56 (e) (December 22, 1995/1715) international registration of the trade mark, of Finland, is valid for 56 (c) of section of the International Bureau referred to in subparagraph (1) from the date of grant. International registration shall apply, mutatis mutandis, to the provisions of this Act and the regulations under it.


56 (f) section (26.11.2010/1016) where the holder of the international registration that does not have a registered place of business in Finland, wants to make a statement to the Board of patents and registration of Finland, he is used to living in the European economic area. An agent can also be a community, which is home to the place of business in the European economic area.


section 56 (g) (December 22, 1995/1715) If the holder of a registered trade mark in Finland is the same mark in the international registration the international registration of the trade mark will replace the Finnish registration if all the goods covered by the Finnish registration are included in the list of goods of the international registration.
The registry authority shall, upon request, enter a notice in the register that Trademark international registration is in force, and broadcast it.


Article 56 (h) (December 22, 1995/1715) if the trade mark is removed from the international register, in whole or in part, the registration authority shall remove it from the list, which it judges to be responsible for, and the broadcast of the deletion.


56 i section (December 22, 1995/1715) If the period of validity of an international registration in force in Finland will cease within five years of the 56 (c) the date referred to in paragraph 1 of the article, therefore, that the period of validity of the registration of the international registration is based to be national or has ceased to be a national application, lis pendens, and the proprietor of the trade mark applies for registration of the same trademark in Finland, shall be deemed to have been made by such an application 56 (c) on the date referred to in subparagraph (1) of section, provided that: 1) the application is made within three months of the cessation of the validity of international registration;
the goods covered by the Finnish application were included in the 2) in Finland, the international registration in force; and 3 the requirements for the registration of the application would otherwise fill in), and the applicant to perform the payments provided for in.
The registry authority shall enter a notice in the register that a Finnish application is based on the international registration, and the broadcast of the fact.


Article 56 (j) (December 22, 1995/1715) If the period of validity of an international registration in force in Finland to stop because someone in the minutes referred to in article 53 joined the party terminates its accession to the Protocol and the proprietor of the trade mark applies for registration of the same trademark in Finland, shall be deemed to have been made by such an application 56 (c) on the date referred to in subparagraph (1) of section, provided that: 1) the application is made within two years of the date of the termination of the entered into force;
the goods covered by the Finnish application were included in the 2) in Finland, the international registration in force; and 3 the requirements for the registration of the application would otherwise fill in), and the applicant to perform the payments provided for in.
The registry authority shall enter a notice in the register that a Finnish application is based on the international registration, and the broadcast of the fact.


56 k section (21 January 2000/56) on the reform of the international registration, transfer, and delete, as well as the use of the permit is indicated in the registry authority of an announcement.


56 (l) section (December 22, 1995/1715)


Change the registration authority to the applicant for an international registration, and the holder of the international registration which has been calling for such registration in Finland, if the decision is against him or have been suspended. (21 January 2000/56)
The decision, according to which the international registration is in force in Finland, despite the appeal, an appeal to the opposing party. (31.1.2013/107)
Valitettaessa, in accordance with paragraph 1 and 2 shall apply by analogy, as provided for in article 51 (a).
10 (a) in the figure (December 22, 1995/1715) the Community trade mark, section 57 (December 22, 1995/1715) for the purposes of the Community trade mark in the European Union Office for harmonization in the internal market (trade marks and designs), hereinafter referred to as a Community trade mark, the Community trade mark, the Office for the implementation of Council Regulation (EC) No 1782/2003 207/2009, under-registered trade mark. (31.1.2013/107)
An application for a Community trade mark may be submitted to the Board of patents and registration of Finland, which shall forward it to the Community trade mark Office. The application shall be subject to the National Board of patents and registration, payments as provided for in the Government.


section 57 (a) (21.12.2004/1220) the request, on the Community trade mark, the application for a Community trade mark or international registration designating the European Community into a national trade mark application and for which the Community trade mark, the Office has submitted to the Office, dealing with a national application, if the applicant: 1) run the amounts provided for;
2) at the request of the conversion and the give in the annex vieraskielisestä registry authority or a social gathering with the translations;
3) indicate an address for service in Finland; and 4) provide a description of the trade mark.
An application that is based on an application for a Community trade mark or for converting, it shall be deemed to be the same filing date, priviledge and priority in Finland as an application for a Community trade mark and it. An application that is based on the conversion of an international registration designating the European Community, on the date of the international registration, is the European Community of the appointment or the date of the international registration, subsequent privileges and aiemmuudet.
the application of the law and the entry into force of Chapter 11, section 58 (31.1.2013/107) detailed rules on the application for registration, the holder of trademark from the register and the publication of the registration authority of its marketing of tasks shall be provided to the State by means of a Council regulation.
The registration authority may lay down more detailed provisions on the processing of the registration application and its technical, matters relating to registered trade mark, the trade mark registry, announcements, as well as other comparable technical aspects.
Specifically provided for in this law, according to the charges.


section 59, this Act shall enter into force on 1 June 1964. As of: the protection of the tavaraleimain regulation of 11 February 1889;
section 13 of the criminal code, chapter 36; as well as the extended freedom iron works with the carrying on of the 21 December 1885 on the section 2 of the regulation.


60 section prior to the entry into force of this law the validity of the registration of a trade mark is determined by the previous law.
Trade mark may, on the basis of article 26 of the said revoked even in the case that the right to the mark is born before the entry into force of this law.
Pending applications for registration of the new law to be applied.


under section 61, the five-year period provided for in article 8, is a previously registered trade marks by the date of entry into force of this Act to be read.


Article 62 article 40 is provided for the reimbursement has expired, shall also apply in the case giving rise to the liability occurred prior to the entry into force of this law, however, so that the time limit of three years referred to in the law, when it would start before the date of entry into force of the law, is to be read in the latter.


63 section in an earlier entry into force of this Act for the registration of the registered trade mark, for the first time, the renewal of the registration shall be renewed for the period to end the Egyptians; based on the original registration on a day like today, even in the event that the registration period on the basis of the earlier reform would have been otherwise.
Registration renewal in respect of categories of goods made those changes, which may be the result of a change in the applicable classification.


64 section for registration of the trade mark, which, according to the earlier law had to be reformed in accordance with the uudistettakoon hakemuksetta, from now on, the provisions of this Act on the reform of the registration. If the renewal is not the first time, within one year of the entry into force of this law, retrieved from, poistettakoon the mark from the register.

The change of the date of entry into force of the acts and application: 30.12.1965/751: this law shall enter into force on the 1 day paint 1966.




20.2.1976/21.8.1970/552:176: this law shall enter into force on 1 April 1976.
The provision referred to in section 30 of the laws of the time within which a privilege claim is here to present the entry into force of the law, shall apply to the entry made in the applications. The provisions of article 51 of the law shall apply to the registration authority after the entry into force of the trade mark by the final decisions of the case.




5.12.1980/795: this law shall enter into force on 1 March 1981.
This Act is repealed on 10 January 1964, on trademark law (7/64) in Chapter 10.




16.12.1983/996: this law shall enter into force on 1 January 1984.
THEY'RE 37/83, lvk. Mrs. 2/83, svk. Mrs. 53/83 of 26 June 1992/581: this law shall enter into force on 1 September 1992.
THEY'RE 25/92, 13.11.1992 TaVM 21/92/10: this law shall enter into force on 1 March 1993.
THEY 152/92, 25.1.1993 TaVM 35/92/39: this law shall enter into force on 1 February 1993.
This law shall also apply before the entry into force of this law, and registered trade marks.
At the time of entry into force of this law to pending applications for registration of marks shall be subject to the provisions of the law except in the case of an application for registration, the registration authority shall be the holder of trademark law in accordance with article 20 of the already called. Such registration applications will be referred to and finally resolved by the previous law.
Amending the code of law of 22 July 1991 (1065/91) and amending the law on the same day, the Enforcement Act (1066/91) shall apply with respect to the matters referred to in (a) to Chapter 6 of this law as from the date of entry into force.
THEY 302/92, 57/92 TaVM 21.4.1995/716: this law shall enter into force on 1 September 1995.
THEY LaVM 22/93, 94/94, 10/94 of December 22, 1995/1699 SuVM: 181/95, TaVM 25/95/157/95 22.12.1995, EV 1715: this law shall enter into force at the time of the decreed. (L 1715/1995 came into force on 1 April 1996, in accordance with A 88/1996.)
This law shall also apply before the entry into force of this law, and registered trade marks.
At the time of entry into force of this law to pending applications for registration of marks shall be subject to the provisions of the Act, with the exception of section 17 (1) of the competition act. However, the applications for registration, the registration authority shall, in accordance with section 20 of the already called, at the time of entry into force of this law will be addressed and will be resolved in accordance with the provisions in force.
THEY'RE 135/95, 28/95, TaVM EV 21 January 2000/169/95 56: this law shall enter into force on 1 March 2000.
This law shall also apply before the entry into force of this law, with the exception of the trademarks registered in section 21 (1) of the competition act.
At the time of entry into force of this law to pending applications for registration of marks shall be subject to the provisions of the Act, with the exception of article 13, article 14, paragraph 5, and article 19.
THEY 133/1999, 11/1999, TaVM EV 82/1999 21.12.2004/1220: this law shall enter into force on 1 January 2005.
THEY 219/2004 TaVM 24/2004, EV 181/2004 on 21 July 2006/680: this law shall enter into force on 1 September 2006.
The breach, which was prior to the entry into force of this law, the provisions of this law, section 38 and 40: at the time of entry into force of this law, instead of the provisions in force.
The dispute, which has been initiated before the entry into force of this law, the provisions of this law, section 41 (a) at the date of entry into force of this law, instead of the provisions in force.
(A) of this law, article 48 shall also apply to the dispute, which has been initiated before the entry into force of this law.
THEY LaVM 6/26/2006, 2006, EV 67/2006 05/14/2010/393: this law shall enter into force on 1 December 2010.
THEY'RE 102/2009, LaVM 2/2010, EV 21/2010 26.11.2010/1016: this law shall enter into force on 1 January 2011.
THEY TaVM 14/58/2010, 2010, EV 127/2010 31.1.2013/107: this law shall enter into force on 1 September 2013.
The registration authority, a decision which is made before the entry into force of this law, in the event of an appeal, upon the entry into force of this law, in accordance with the provisions in force.

The application of the dispute, and the criminal case in the District Court, which has been initiated before the entry into force of this law, upon the entry into force of this law, are treated in accordance with the provisions in force.
Before the entry into force of the law can be taken in the implementation of the law.
THEY LaVM 15/124/2012, 2012, EV 158/2012