The current trademark regulations in Finland are mainly based on the Trademark Law, which was promulgated on January 10, 1964 and revised in 2019. The Finnish National Patent and Registration Department is responsible for managing trademark affairs, and the official language is Finnish. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to better protect the trademark or renew it, it must be registered in accordance with the law. Finnish trademark registration follows the principle of "application first", but in some cases, trademark rights can also be claimed based on "prior use".
Finland is a party to international intellectual property treaties such as the TRIPS Agreement, Paris Convention, Nice Agreement, and Convention Establishing the World Intellectual Property Organization. It is also a member of the Madrid Protocol and a member of the European Union. Therefore, trademark registration can be processed through "single country registration", "EU registration", or "Madrid International Registration".
Currently, Finland adopts the Nice Classification 11th edition of product and service descriptions and accepts applications for multiple categories in one form. The elements that can be registered as trademarks in Finland include: text, names, letters, numbers, graphics, 3D logos, sounds, etc.
Natural or legal persons who do not have a domicile, main place of business, or a genuine and valid business enterprise in Finland must entrust a specialized agent in that country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Category and specific product items;
3. Name and address of the applicant;
4.If priority is declared, proof of priority must be provided.
The main process for applying for registration of a Finnish trademark is: application - examination - approval of issuance - announcement. The application will be accepted approximately one month after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibitions and prohibitions, and whether it conflicts with prior trademarks or company names. If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice; If the substantive examination is passed, it will be approved for registration and a registration certificate will be issued. After the registration is approved, a public announcement will be arranged, with a 2-month objection period from the announcement date. Any interested party may raise an objection to the registration of the trademark to the Finnish National Patent and Registration Department. The main reasons for raising an objection are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, the trademark will be officially registered successfully. In a smooth situation, trademark registration in Finland takes about six months; If things don't go smoothly and there are rejections or objections along the way, the time will be greatly extended.
The Finnish trademark is valid for 10 years after registration. The validity period for applications filed before May 1, 2019 shall be calculated from the date of registration, and for applications filed after May 1, 2019 (inclusive), the validity period shall be calculated from the date of application; Renewal can be processed within 12 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.