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See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
'Operator' means the name which the trader uses in the course of his activities.
The trader registered in the trade register shall be entitled to participate in a specific name ( Aid name ). The trader may, in the course of its activities, also use a different logo ( Secondary emblem ). (10.12.1993/1123)
The law provided for in this Act shall also apply to the aid name. Articles 2 (3) and 3 (6), (18), (22), (22), (27) and 29 (29) and 29 (29) and 29 (c) of this Law also apply mutatis mutandis to the secondary code. Moreover, the law on the trial in the Law on Market Law (100/2013) Provides for dispute and application matters relating to a business name, including, where applicable, an auxiliary and a secondary code. (31.1.2013/110)
The exclusive right shall be obtained by registering or establishing a business name. Only the establishment of an exclusive right can be obtained in the secondary sense.
A business name may be entered in the trade register if it is in accordance with this law and is clearly distinguishably distinguished from the already existing operations. The registry authority may, prior to the registration of the trader, provide prior information as to whether the trade name is such that it can be entered in the register under the conditions set out in the application. (16.3.2001/247)
The operation shall be deemed to be established if it is generally known to those in which the trader's activity is directed.
The exclusive right to the registered office shall consist of the fact that another trader may not use a composite operating name in that country unless it is shown that the holder of the operation may not suffer injury.
The exclusive right to the business name shall consist of the fact that the other trader is not allowed in the territory in which the business name is established to use the composite name to be mixed.
The trader may use his name as his surname unless it is likely to cause confusion with another protected name or trade mark.
In the area where the trader uses his last name as a business name in accordance with paragraph 1, the other trader shall not use a composite name to be confused with this name.
The mixing of the names may only be invoked if the same or similar activities are carried out by their holders.
However, an appeal may also be made:
(1) in favour of a business name, which is very well established and is generally well known, if the use of the second type of operation were to be regarded as inappropriate exploitation of the goodwill of the former; or
(2) in favour of a business which is well established, when, in relation to the specific nature of the activity, the use of another similar function would appear to reduce the above goodwill.
In the case of a dispute concerning the right to blending operations, priority shall be given to the person who may invoke the earliest legal basis.
If the trade name is established and the holder of the parent who is confused with it has not, within a reasonable time, taken action to prevent the use of a subsequent operation, it shall remain entitled to the incumbent's parent's right. However, in order to avoid a likelihood of confusion, the Court shall have the power to rule on the party's request and to the extent that it is found to be reasonable to allow the use of a business name only in a particular manner, such as the addition of a place name or By further clarification. (31.1.2013/110)
In addition to what is laid down in the rest of the law, the following shall apply:
(1) the name of the private trader shall not be the name of any person other than the holder;
(2) the name of an open company must be the word "open company" unless the company is otherwise engaged in an activity, and the name of the company may not be the name of the other person other than the company;
(3) the name of the commandites company must be the word 'commandites company' or its generally known abbreviation, and the name of the company may not be the name of any other person other than the person responsible;
(4) the name of the private limited company must be the word 'limited company' or the corresponding abbreviation 'oy' and, in the case of a public limited company, the words'public limited liability company' or the corresponding abbreviation 'oyj' and, in the case of a housing limited company, The fact and the company's place of residence clearly manifold; (14.02.1997/148)
(5) the operative name of the cooperative must include the word 'cooperative', the 'share' or 'osk', and the name of the cooperative shall not be the name of the person or the reference to the additional payment obligation of the members; (28.12.2001/1492)
(6) the name of the association entered in the register shall include the name of the association;
(7) the Foundation shall include the name of the foundation entered in the Register of Foundations; (28.11.1994/1076)
(7a) Whereas Article 5 (a) of Council Regulation (EEC) No 2137/85 on the European Economic Interest Grouping (EEEC) is in force; (22.12.1994/1302)
(7b) the European Company Statute is in force, as provided for in Article 11 of Council Regulation (EC) No 2157/2001 on the Statute for a European Company (SE); (13/08/98)
(7c) the Statute for a European Cooperative Society is valid, as provided for in Article 10 of Council Regulation (EC) No 1435/2003 on the Statute for a European Cooperative Society (SCE); (19.10.2006)
(8) The name of the branch of a branch established by a foreign trader in Finland must include the trade name of the foreign trader on its own, which indicates its branch; and (28.11.1994/1076)
(9) The operative part of the Housing Association shall have the word 'housing rights association'. (28.11.1994/1076)
The private limited company's ancillary activity shall not include the word 'Limited Company' or 'oy', the words'public limited liability company' or 'oyj', or the word 'cooperative' or 'cooperative' of the cooperative, the word 'cooperative', the 'share' of the cooperative 'co-operative'. Or abbreviation 'osk'. (28.12.2001/1492)
In addition to what is provided for in this Article, the provisions of the Act concerning the activities of the rest of the law must be respected.
The operation shall identify the company of its holder. In criticising the individuality of the action, attention must be paid to all the circumstances that arise. An activity that expresses only the quality of the activity or the general name of the goods or services provided solely contains a commonly used name or other name may be considered as an individual only when it is established. As a factor contributing to the individual, it is not considered that a part of a business name that is merely a form of enterprise.
The action shall not be contrary to good practice or public order and shall not mislead the public.
Without the appropriate consent, the title shall not include:
(1) a national or international designation or abbreviation which, according to the law, is not lawful to use in the course of the business, and not to be confused with it;
2) anything that can be understood as a second surname, an artist or a similar name, unless the name appears to be a long time dead person, nor any such that may be covered by a foundation or association Or any other Community name;
(3) anything that can be understood as the name of another protected literary or artistic work, when the name is original, or an infringement of another copyright to a 'works'; or
(4) anything that is to be confused with another protected name, a secondary symbol or a trademark.
They may be registered in two or more languages if different language versions correspond to each other. The name of the activity shall be applied to any such expression.
The exclusive right to registration shall be valid from the date on which the notification was received by the company and the Community (244/2001) Of the aforementioned authority. (16.3.2001/247)
By way of derogation from paragraph 1, the Companies Act (1024/2006) Or the cooperative (241/2013) In the case of a merger or division, the right to registration shall be valid from the date on which the merger or division plan has entered the registration authority for registration. The same applies to the amendment of the Community format for the cooperative based on registration. (14/03/434)
Where the trader has applied for prior information from the registry authority on the conditions for the registration of the trade name, the exclusive right shall be valid from the date on which the application was lodged with the registry authority. Exclusive rights if the registration authority in its decision on the application for prior information indicates that prior information cannot be provided or if the trader has not declared the activity to be entered in the register for six months Of the beginning of the exclusive right. The decision of the registry authority for prior information shall not be subject to appeal. (16.3.2001/247)
The operation shall only be made available to the other in the event of transfers of business.
The activity shall be transferred in the event of a transfer of business, except when the trade name includes the name of the private trader or the company man or otherwise agreed.
If, following the death of a private trader, business activity is transferred to the spouse or to another member of the estate, or to the owner of the estate, or to the recipient of the will, the business name shall be used as unaltered, Unless otherwise agreed in the purchase or inheritance or in the will.
If, following the death of a company owned by a company owned by an open company or a commandites company in person, the company continues to operate, the name of the deceased may be used, even if the name of the deceased is included in it, unless the company has a different name. Agreed.
When a company member is different from an open company or a personal liability company from a limited company, the name of the company may be retained only if the company has agreed to it.
However, when the name of the trade name, in the case provided for in Article 13, should include the name of the holder or the company man, it shall, however, be accompanied by an increase in the activity of the trade name or the changed circumstances.
The action shall not be measured.
If a private trader, an open company or a commandiite company is declared bankrupt, a business name shall be filed in the event of bankruptcy, unless the last name of the debtor or the company is included. However, a non-operational base may be used during the period during which the operation is continued for the hive.
Where a trade name or its use is contrary to good practice or endangers public order or misleading the public, the Court may, to the extent deemed necessary, prohibit the holder from using it.
The injunction referred to in paragraph 1 may be issued and the threat of the fine may also be imposed if someone has infringed the other's right of action.
An application for a prohibition shall be allowed to drive anyone who is adversely affected by the activity or its use. In the cases referred to in paragraph 1, the incentive shall also be run by the authority designated by the Ministry of Employment and the Economy and the Community of the interests of the traders concerned. (31.1.2013/110)
In order to be able to impose a penalty payment, it is permitted to drive the person whose request has been issued and, if the injunction has been issued pursuant to paragraph 1, including the authority designated by the Ministry of Employment and the Economy. (31.1.2013/110)
At the request of the holder of an exclusive right, the Court of Justice may, at the request of the proprietor of an exclusive right, impose a fine on the holder, the server or any other provider of such equipment, or at the risk of a fine Suspend the alleged use of a business name ( Suspension order ), unless it can be considered disproportionate taking into account the rights of the operator, the intermediary and the holder of the exclusive right.
Before bringing an action as referred to in Article 18 (2), the Court may, on application by the holder of the exclusive right, issue a suspension order if the conditions laid down in paragraph 1 are fulfilled and, if it is apparent that the holder of the exclusive right Otherwise, the exercise of rights would be seriously compromised. The court shall reserve the right to be heard and for the person who is alleged to be infringing the right of action to be heard. The notification to the person to whom an order has been requested may be submitted by post or by fax or e-mail. (31.1.2013/110)
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. The suspension order issued pursuant to paragraphs 2 or 3 shall lapse unless the action referred to in Article 18 (2) is brought before a court within one month of the adoption of the order. (31.1.2013/110)
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 18 (2) 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.
Where the trade name is registered in contravention of this Act or of the other provisions of this law and there is still an obstacle to the registration, the court may annul the registration.
The registration may also be repealed:
(1) where the trade name has become unlawful after it has been registered and continues to be unlawful;
(2) where the holder is no longer the trader; or
(3) where the operating name has not been used during the last five years, and the holder does not indicate the reason for it.
The incentive to cancel registration may be driven by anyone who has a disadvantage in registration. An entity designated by the Ministry of Employment and the Economy and the entity referred to in Article 18 (3) shall also be driven, unless the action is based on Article 10 (2) to (4).
Where the judgment for the revocation of the registration has been obtained by the law, the registry authority shall withdraw the trade name from the register. However, the court may order that the name of the trade name be provided within a reasonable time limit for the notification of the new operating name.
Anyone who deliberately insults the other's right to act must be condemned Of an infringement of a business name Fine.
The prosecutor may only prosecute the offence referred to in paragraph 1 if the plaintiff has declared it to be charged. (13/05/445)
A trader whose business is intentionally or negligently violating another right of business shall be obliged to carry out a reasonable amount of compensation for the use of the operating name and to compensate for the infringement. The damage caused. If carelessness is only mild, there can be compensation for damages.
If there is no negligence, the infringer shall be obliged to carry out a reasonable compensation for the use of the operation.
Compensation and compensation for damage may be required 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.
In a dispute concerning an infringement, the Court of First Instance may, at the request of the applicant, order the defendant 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 has been found to have infringed the right of action. 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.
In the case of a penalty payment imposed by Article 18 (1) of the trader, the Court may, in accordance with Article 18 (1), consider that the trade name, which was unlawfully put into circulation, in the case of goods, packaging, advertising material, may be found to be reasonable. The business document or any other type of business must be removed from it, or that the name must be modified so that it can no longer be abused. If such a measure is not otherwise feasible, it may be stipulated that the property to which the trade name has been placed shall be destroyed or necessary to amend it.
In the event of a breach of another right of action, the court shall, at the request of the court whose right has been infringed, order the measure referred to in paragraph 1 to be taken into consideration in accordance with the procedure laid down in paragraph 1, in order to prevent any repetition of the infringement.
Where the obligation imposed by a periodic penalty payment is not complied with, or where there is reason to assume that the offence referred to in Article 22 is committed, the court may order that the property referred to in paragraphs 1 and 2 must be seized until otherwise Prescribed. In this case, where applicable, the confiscation order shall be valid.
In the event of a breach of the right of the registered office, the penalty provided for in Articles 22 to 24 shall not be subject to the sentence of the infringement after the registration has been abrogated with an enforceable judgment.
Paragraph 26 has been repealed by L 31.1.2013/110 .
In order to establish whether there is a right to an activity or an infringement of a particular procedure, the action may be brought before a court if there is a lack of awareness and a disadvantage for the applicant.
Paragraph 2 has been repealed by L 31.1.2013/110 .
The dispute and application cases under this law are dealt with in market law.
The processing of disputes and application cases in market law is governed by the law on the conduct of the court.
The charge for the infringement referred to in Article 22 (1) shall be dealt with by the Helsinki District Court.
In the case of a charge referred to in paragraph 1, the claim for compensation and compensation in accordance with Article 23, as well as the requirement under Article 24 (2), as provided for in Article 24 (2), may be treated as a result of a criminal offence referred to in paragraph 1.
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 hearing referred to in Article 29 shall apply to the Registry Office for an opinion on the application of Article 22 of Chapter 4 of the Law on the Rights of the Child on the right of market law to seek an opinion.
In considering the matter referred to in Article 29, 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 29 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.
The State and the municipality has an exclusive right within the meaning of this law as if it were registered as a business name.
The description of the action shall be clearly significant and shall be signed by the person who wrote it. When the aid name is written, the activity name shall also be mentioned.
During the course or liquidation period, the business name shall be written by the other additional alone.
The writing of the action shall otherwise be subject to what is expressly provided for.
This Act shall enter into force on 1 March 1979.
This law shall also apply to an activity registered before the entry into force of the law, subject to:
(1) the registration of a trade name which took place before the entry into force of this Act may, under Article 19 (1), be repealed only if it had been possible before the entry into force of this Act; and
(2) at the date of entry into force of the law, the cooperative registered in the trade register, the name of which is included in the 'municipality', shall retain its trade name, without prejudice to Article 7 (1) (5).
In addition to the 10-year limitation period, before the date of entry into force of this Act, it is in force that the right to compensation has been lost, unless the action has been brought in five years. After the entry into force of the law.
This Act shall enter into force on 1 April 1990.
This law shall apply to the operating name for which the notification is made after the entry into force of this Act.
HE 210/89, Ivhms. 16/89, svk.M. 241/89
This Act shall enter into force on 1 January 1991.
HE 242 /89banker. 8/90, svk.M. 182/90, svk.M. 182 a/90
This Act shall enter into force on 1 January 1995.
THEY 229/94 , Regulation (EEC) No 2137/85; OJ L 199, 31.7.1985, p. 1
This Act shall enter into force on 1 September 1997.
Before the entry into force of this Act, a limited liability company whose securities are issued by the Securities and Markets Act (495/89) in Chapter 1, Article 3 Shall, within one year of the entry into force of the law, amend its activities to meet the requirements of Article 7 (1) (4) of the public limited liability company.
THEY 89/1996 , TaVM 24/1996, EV 233/1996 Council Directive 77 /91/EEC, OJ L 26, 31.1.1977, p. 1
This Act shall enter into force on 1 January 2002.
THEY 176/2001 , TaVM 21/2001, EV 217/2001
This Act shall enter into force on 8 October 2004.
THEY 55/2004 , TaVM 13/2004, EV 107/2004 Council Regulation (EC) No 2157/2001 (32001R2157); OJ L 294, 8.10.2001, p. 1
This Act shall enter into force on 1 September 2006.
Article 18a of this Law shall also apply to a dispute brought before the entry into force of this Act.
In the event of an offence committed before the entry into force of this Act, the provisions in force at the entry into force of this Act shall apply instead of Article 23 of this Act.
The proceedings brought before the entry into force of this Act shall be subject to the provisions in force at the time of entry into force of this Act, instead of Article 23a of this Act.
THEY 26/2006 , LaVM 6/2006, EV 67/2006
This Act shall enter into force on 1 November 2006.
THEY 54/2006 , TAVM 9/2006, EV 99/2006, Council Regulation (EC) No 1435/2003 (32003R1435); OJ L 207, 18.8.2003, p. 1
This Act shall enter into force on 17 May 2011.
THEY 286/2010 , LaVM 34/2010, EV 311/2010
This Act shall enter into force on 1 September 2013.
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
This Act shall enter into force on 1 January 2014.
THEY 185/2012 , TaVM 6/2013, EV 48/2013
