Finland (FI)
Latest News: 05-02-2013 (Newsletter Issue 6/13)
Cash Payments No Longer Allowed
The Finnish Trademark Office announced that their Client Service no longer accepts payments in cash starting from 1 May 2013. From now on, payments can be made by bank tranfers and credit cards.
Source: www.prh.fi
11-01-2012 (Newsletter Issue 16/12)
Use of Class Headings
The Finnish Office announced that if the list of goods and services of a trade mark applied for before October 1, 2012 includes an entire class heading, the National Board of Patents and Registration of Finland interprets the list of goods and services as covering all goods or services in that class at the time of the application.
From October 1, 2012, the applicants must indicate in the trade mark application whether by using a class heading, the applicant wants the application to cover all goods or services included in the Nice Alphabetical List of that class at the time of the application. This can be done by indicating after the class heading that the application also covers all other goods, or all other services, in that class in the Nice Alphabetical List.
If not clarified, the application will only cover goods or services included in the literal meaning of the individual terms in the class heading.
The Nice Alphabetical List only includes some of the goods or services that are classified in a particular class. If you seek protection for any goods or services not clearly included in any class heading, you should write what the goods or services are, to make it clear that those goods or services are included in the list.
Source: www.prh.fi
01-01-2011 (Newsletter Issue 1/11)
Trademark Act Amended
The Finnish Parliament has amended section 31 of the Finnish Trademarks Act. It requires that a trademark applicant or proprietor not domiciled in Finland must have a representative resident in the European Economic Area. At the application stage, it is sufficient to submit a power of attorney authorising a representative to represent the client in all matters concerning the application. When the trademark is registered, the proprietor of the trademark must however have a representative resident in the European Economic Area who is authorised to represent the client in all matters concerning the trademark and is entitled to receive summons etc. on behalf of the client in all matters concerning the trademark. The power of attorney submitted at the application stage is therefore no longer sufficient for the registered trademark.
If an applicant or a proprietor of a registered trademark does not have a duly authorised representative, and the applicant or proprietor does not correct the deficiency within a certain time limit, the application will be considered withdrawn or the mark will be removed from the register.
It came into force on January 1st, 2011.
Source: BORENIUS & Co Oy Ab, Helsinki, Finland and www.prh.fi
07-01-2010 (Newsletter Issue 12/10)
Commercial Service Fees Increased
The National Board of Patents and Registrations of Finland (NBPR) has increased the VAT rate on some of the commercial services by one percentage point from 22% to 23%, effective by July 1st, 2010.
Commercial fees for preliminary examinations and the entry in the list for trademarks with a reputation are affected by the VAT rate of 23%.
Fees relating to trademark applications and registrations are exempt from the VAT.
Source: www.prh.fi
07-01-2010 (Newsletter Issue 12/10)
Trademark Classification Practise Changed
The National Board of Patents and Registration of Finland (NBPR) announced that trademarks registration applicants must specify the goods to which "retail services" are related under class 35, effective June 1st, 2010.
Source: www.marques.org
Legal basis is the Trademark Act of January 10th, 1964 (last amended September 1st, 2006). All obligatory and most optional regulations of the “Council Directive 89/104/EEC” were put into effect.
A national Finnish trademark is automatically valid also in Aland, no separate measures are required.
Finland is a member of the Madrid Protocol and the European Union.
Trademark protection is obtained by application. It can also be acquired by sufficient public recognition.
Nice classification, 10th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, the three-dimensional form of a good or its packaging and any combination of the mentioned signs. Furthermore, the following are registrable: sound marks, as long as they are representable by musical notation, and combinations or shades of colours if they have achieved secondary meaning.
The following trademark types are registrable: trade marks, service marks, collective marks, association marks and certification marks.
The application is filed at the Patent Office.
Multiple-class applications are possible.
Foreign applicants need a local agent resident in the European Economic Area.
A power of attorney is necessary.
A domestic registration is not needed if the foreign country does not require a domestic registration from Finnish applicants.
The processing time from application to registration (smooth case) is approximately 10 months and the time from application to first office action is approximately 5-6 months.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks, company or family names.
After registration, the trademark is published in the trademark journal.
National:
The opposition period is 2 months from the publication of the trademark registration.
Opposition against designation of IR Mark
(The period starts from the national publication date, if not stated differently):
2 months from publication in the Finnish Gazette
Protection begins with the date of application. A trademark registration is valid for 10 years from the date of registration. The registration is renewable for periods of 10 years.
If the trademark has not been used within 5 years from registration or has not been used later for a continuous period of 5 years, it may be subject to cancellation.
The official fee is EUR 215.00 for up to three classes and EUR 80.00 for each additional class.
Trademark Licence Agreement
A licence to use a trademark may be granted orally but this is not advisable as such a licence may be difficult to enforce. Licensing of unregistered marks is permitted. A licence to use a trademark may extend to the whole or part of the country and it may cover either all or some of the goods or services protected by the registration. The number of licensees is not limited. The sale of a registered trademark does not automatically terminate a licence. There are no statutory provisions which require specific terms to be incorporated into a trademark licence agreement
Recordal
There are provisions in law for the recordal of a licensee. These provisions are voluntary, but a licence not entered in the Trademark Register will not be bound on a third party who has obtained the trademark in good faith and had no knowledge of the licence. There is no time frame for the recordal of a trademark licence and no prescribed content for a licence agreement.
The following document is required for a recordal in the Trademark Register:
1. A power of attorney, signed by the applicant (or a copy thereof)
Effectiveness
A licence becomes effective and enforceable against third parties as soon as it has been entered in the Register. Public notice of the recordal is given in the electronic Trademark Gazette published electronically bi-weekly by the National Board of Patents and Registration.
Infringement Proceedings
There is an evidentiary presumption that use by a recorded licensee is permitted use. A licensee may join the trademark owner in infringement proceedings. He may also call upon the owner of the trademark to institute proceedings. If a person has been granted the sole right to use a registered trademark in Finland and the licence has been entered in the Register, either the proprietor or the licensee, or both, are recognised as plaintiffs in actions of trademark infringement.
| Search type |
First class |
Add. class |
| Word Mark Search (availability) |
220,00 € |
50,00 € |
| Word Mark Search (identical) |
60,00 € |
20,00 € |
| Extended Search (word mark, company name, domain) |
350,00 € |
50,00 € |
| Device Mark Search (availability) |
380,00 € |
130,00 € |
| Trademark Owner Search |
140,00 € |
|
| Company Name Search |
150,00 € |
|
| Domain Name Search (extended) |
|
|
| i-Search (word mark availability + legal opinion) |
450,00 € |
100,00 € |
The Prices above are S.M.D. Markeur Search Fees
Åland Islands (AX)
Åland does not have any separate trademark laws. Finish laws apply. A national Finnish trademark is automatically valid in Åland, no separate measures are required. Community Trademarks are also valid in Åland. An International Registration designating Finland automatically extends to the Åland Islands. No further action is required. The period of opposition against International Registrations designating Finland is 2 months from the date of publication in the Finnish Trademark Gazette.
Country Index is a free service of S.M.D. Markeur, an international IP searching and monitoring firm.
We would like to thank the following law firms for their assistance in updating the information provided:
Country Survey
07-07-2011
Borenius & Co. Oy Ab, Helsinki, Finland
Dependent Territories
07-07-2011
Borenius & Co. Oy Ab, Helsinki, Finland
Licensing
07-07-2011
Borenius & Co. Oy Ab, Helsinki, Finland