Yhteismerkkilaki

Original Language Title: Yhteismerkkilaki

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Read the untranslated law here: http://www.finlex.fi/fi/laki/ajantasa/1980/19800795

In accordance with the decision of Parliament provided for in section 1 of the community: the holder of trademark law (7/64) on the issue in accordance with the registration of a trade mark, an exclusive right, or which is intended for use by members of the community or professional activities (community). The issue can be referred to the exclusive right to use the rest of the community as a sign of a special identification mark. (25.1.1993/40)
Authority, the community or the Foundation, which is responsible for monitoring or checking of the goods or services, or the provision of the regulations, the registration of the mark with the exclusive right to use may be a specific inspection or control in respect of the goods and services (check mark).
The mark referred to in this Act is said to yhteismerkiksi.


section 2 of this law, yhteismerkistä are, mutatis mutandis, to the provisions of the applicable trademark law.


section 3 of the regulations governing the registration of the application shall be accompanied by an extract from the Association, trade or the Foundation from the register or of any other explanation of the quality of the applicant's activities, the provisions of the Community rules as well as the conditions of the use of the mark.
The registry authority shall use the provisions as referred to in sub-section 1.


section 4 of the regulations governing the transfer of the application to be registered, unless the transferee has in the mark is not likely to mislead the public.
The verification of the registration of a mark may be a sign of lapsed, only register in the management empowered.


section 5 of the regulations governing the registration of the trade mark law may be repealed, except section 1 – in the cases referred to in paragraph 3, if the name of the activity, or if the holder of the mark allows the characters to be used in contravention of the provisions referred to in paragraph 3 of the said provisions, or in the absence of modifications have been reported to the registry.
An action for annulment may be run by anyone who suffers harm. The action also allowed to drive on the public prosecutor, the Ministry of employment and the economy, and by the authority of the interested parties or professionals, or defending the interests of consumers in the community. (31.1.2013/108) section 6 of the Yhteismerkkioikeuden on the issue of infringement, the holder of the mark shall be considered only the owner of the company. This can take an action for compensation for the damage that has been caused by the rest of the regulations governing the use of legitimate.


section 6 (a) (31.1.2013/108) this law are based on the issues of the dispute and the application in the market.
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).


Article 6 (b) (31.1.2013/108) the prosecution of the criminal code, article 2 of Chapter 49 of the right referred to in the identification of the goods, the mark teollisoikeusrikoksesta of the trademark Act is offensive 39 for the infringements referred to in subparagraph (1) of section 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 of the law resulting from the trademark of the allowance referred to in paragraph 2 and 3, and the credit for the requirement referred to in article 41 of the law notwithstanding the provisions of this law, article 6 (a).
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.


Article 6 (c) (31.1.2013/108) referred to in article 6 (b) above, the Court of Justice to request the opinion of the 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 6 (d) (31.1.2013/108) in dealing with the matter referred to in article 6 (b) the 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 6 (e) (31.1.2013/108) referred to in article 6 (b) above, the court seised 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.


More detailed provisions on the implementation of article 7 of this law shall be adopted, where necessary, regulation.


section 8 of 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.

The change of the date of entry into force and the application of the acts: law/40:25.1.1993 shall enter into force on 1 February 1993.
THEY TaVM 57/302/92, 92 31.1.2013/108: 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