Key Benefits:
See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
The Community shall obtain a trade mark (1999) By means of a registration or establishment, which is intended to be used for the purposes of the trade or professional activities of members of the Community (Community mark). The exclusivity may also be granted for the purposes of the other specific identification mark used as a Community symbol. (25.1.1993/40)
The authority, entity or foundation entrusted with the verification or control of the goods or services or the provision of such provisions shall, by registration, be subject to the exclusive right of inspection or control For the goods and services concerned (the check mark).
The mark referred to in this law is called a common sign.
Subject to the provisions of this Act, the provisions of the trade mark law shall apply mutatis mutandis.
The application for registration of a common label shall be accompanied by an extract from the association, trade or foundation register, or any other explanation of the quality of the applicant's activities, the Community rules and the conditions for using the label.
The registry authority shall be informed of the modification of the operational rules referred to in paragraph 1.
The release of the joint mark shall be entered in the register, unless the mark used by the transferee is likely to mislead the public.
The registration of the registration mark may be registered only for the purposes of the management of the mark.
The registration of a collective mark may be revoked, except in the cases referred to in Article 26 (1) to (3) of the trade mark law, even if the operation of the label has ceased, or if the label allows the sign to be used contrary to the provisions mentioned in Article 3 Or changes to the provisions of the said provisions have not been notified to the registry authority.
The action for annulment may be carried out by any person who suffers from prejudice to registration. A public prosecutor, a public authority appointed by the Ministry of Employment and the Economy, as well as an entity which supervises the interests of the industries concerned or of consumers, may also be promoted. (31.1.2013/108)
In the case of a breach of the right of association, only the holder of the label shall be deemed to be the holder of the label. This may also cause compensation for damage caused by the use of the other collective mark.
The dispute and application cases under this law are dealt with in 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 criminal offence infringing the characteristic of the goods and the offence referred to in Article 39 (1) of the Trade Marks Act 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 referred to in Article 38 (2) and (3) of the trade mark law, as referred to in Article 38 (2) and (3) of the Trade Marks Act, and the requirement referred to in Article 41 of that law, may be treated as a result of a criminal offence referred to in paragraph 1. Notwithstanding Article 6a of this Act.
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, referred to in Article 6b, 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 6b, the District Court may be assisted by a maximum of two of the laws 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 6b 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.
More detailed provisions on the implementation of this law shall be adopted, where appropriate, by a regulation.
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 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
