- Trademarks Decree 29.5.1964/296 (Unofficial translation)(Amendments up to 2000/370 included)
Trademarks Decree 29.5.1964/296 (Unofficial translation)
(Amendments up to 2000/370 included)
Chapter I
The Trademark Register
Article 1 has been repealed (20.3.1992/258).
Article 2
The National Board of Patents and Registration of Finland shall enter a trademark into the Trademark Register once the mark has been registered. The following particulars shall be registered:
1) the number and filing date or the date deemed to be the filing date of the trademark application;
2) the registration number and the date of registration;
3) the name or trade name and the domicile of the proprietor;
4) the classes of goods or services and the goods or services covered by the registration;
5) a note concerning a collective mark, where applicable;
6) an indication of the fact that the registration has no legal effect;
7) an entry under Article 56g, paragraph 2, of the Trademarks Act (7/1964);
8) an entry concerning a measure pursuant to Article 56i, paragraph 2, Article 56j, paragraph 2, or Article 57a of the Trademarks Act;
9) an entry concerning a measure pursuant to Article 52 of the Trademarks Act;
10) an entry concerning the fact that the registration or an application therefor has been divided from an earlier application or registration and the number of the earlier application or registration.
Exclusion from protection referred to in Article 15 of the Trademarks Act (disclaimer) and a right of priority referred to in Articles 18 and 30 of the same law shall also be recorded in the Register. Similarly, an entry shall be made of the colours of the mark and, at the discretion of the authority, of other description of the trademark.
If the proprietor of the trademark is not domiciled in Finland, the representative of the proprietor shall be entered in the Register. The representative shall be recorded also in other cases where considered appropriate by the registering authority.
Article 3
An application for renewal of registration shall be recorded in the Register without delay by indicating the filing date. Once a decision has been taken on the case, the decision shall be entered in the Register. If the renewal of the trademark is granted for another party than the person last entered in the Register as the proprietor, particulars concerning the new proprietor shall be recorded at the same time.
When a registration, under paragraph 4 of Article 22 of the Trademarks Act, is renewed by paying a renewal fee, an entry of the renewal shall be made in the Register.
If an application referred to in Article 17a of the Trademarks Act for division of a registration has been filed, an entry of the fact shall promptly be made in the Register. Once the matter has been decided on, the decision shall be entered in the Register.
Article 4
When a trademark is deleted from the Register under Articles 24 to 26 or Article 31 of the Trademarks Act, the date of and reason for the measure shall be recorded in the Register.
Article 5
Once a request is made under Article 33 or 34 of the Trademarks Act that the assignment of a trademark or the grant of a license be recorded in the Register, an entry of the fact shall without delay be made in the Register. Once the registering authority has taken a decision on the case, the decision shall be entered in the Register. If the request is granted, an entry shall be made of the name or trade name and the domicile of the new proprietor or of the licensee and of the date of the assignment or license agreement. In respect of license agreements, the registering authority shall, according to its discretion in each separate case, record the restrictions on the rights of the license holder stated in the license agreement.
A request for entry in the Register of a mortgage agreement under Article 33, paragraph 3, of the Trademarks Act shall be recorded in the Register and a decision taken without delay on the case. The decision and the date thereof shall be recorded in the Register and, if the request is granted, also the name or trade name and the domicile of the mortgage holder as well as the date of the mortgage agreement and the date at which the mortgage right was established.
When it is shown that a license or mortgage right has expired, an entry of the fact shall be recorded in the Register with indication of the date of and reason for the measure.
An entry shall also be made in the Register of an assignment of a trademark to another party in other case than the one referred to in paragraph 1.
Article 6
Entries shall also be made in the Register of decisions and measures other than those referred to in Articles 2 to 5 taken by the National Board of Patents and Registration in respect of a registered trademark as well as of court decisions communicated to the registering authority in trademark cases other than the one referred to in Article 4, if the decision, measure or court decision directly relates to the Trademark Register.
Article 6a
A copy shall be given to the applicant of register entries other than those referred to in paragraph 2 of Article 3 as a document of the registration.
Chapter II
Applications in trademark matters
Article 7
An application in a trademark matter shall be filed in writing and be signed by the applicant or his representative. A certified translation into Finnish or Swedish shall be submitted to the registering authority of an accompanying document in a foreign language constituting part of the application, if the authority so demands.
Article 8
When registration is sought, a separate application shall be filed in respect of each trademark.
The same procedure shall be followed if an application concerns other measures to be taken in respect of a trademark.
If the applicant wishes to extend the registration to cover goods of other art than those referred to in the application, he shall file a separate application to that effect.
Article 9
An application for trademark registration shall contain the following particulars:
1) the name or trade name and the domicile and address of the applicant;
2) if the applicant has appointed a representative, the representative’s name, domicile and address;
3) the trademark presented in the form of a figure, words, letters or numerals, or as a graphical representation of the shape of the goods or their packing; and
4) an indication of the goods or services for which the registration of the mark is requested and an indication of the class in which the article or service, according to the applicant, in each separate case is to be classified.
Paragraph 2 has been repealed (22.3.1996/188).
If the application concerns registration of a trademark that consists of a figure or of a word, letter, numeral or combination thereof with special typography, the application shall be accompanied by ten copies of reproducible representations of the mark copied on archive-quality paper, of a maximum size of 8 x 8 cm. If colour registration is applied for, the colours of the mark shall also be stated in the application.
Paragraph 4 has been repealed (20.3.1992/258).
If the applicant does not carry on a business in Finland, the application shall be accompanied by an extract from the Trade Register of his home state showing that he has had the trademark registered there for the goods that the application concerns in this country (certificate of registration in country of origin). Provisions concerning exemption granted to persons carrying on a business in certain countries from the obligation to present the certificate of registration in country of origin are laid down in the Trademarks Act.
An application for registration of a collective mark shall also be accompanied by the documents referred to in Article 3 of the Act on Collective Marks. (795/80).
Article 9 a
When an application is divided under Article 17a of the Trademarks Act the applicant shall file a new application in respect of the same mark into which part of the goods covered by the original application have been divided. In the same connection a list of the goods remaining with the original application (parent application) shall be submitted to be annexed to the parent application.
The new application shall state that it is divided from an earlier application, and the new application shall be filed in compliance with the provisions of Article 17 of the Trademarks Act.
Article 10
In matters concerning trademark registrations, the applicant shall, where the registering authority considers it necessary, submit a written description of or by technical means show what the mark is intended to represent and what, in the applicant’s mind, is characteristic of the mark.
If the application concerns registration of the shape of goods or their packing, the applicant shall, where the registering authority considers it necessary, submit specimens thereof to the authority.
Article 11
An opposition under Article 20, paragraph 2, or Article 56c, paragraph 2, of the Trademarks Act shall be filed in writing in two copies with the National Board of Patents and Registration. An appendage to the opposition document shall also, where possible, be filed in two copies. A statement of the grounds for the opposition shall be given, and the opposition shall specify the goods or services that it concerns.
The provisions of paragraph 1 correspondingly apply to an explanation or a statement given on account of an opposition.
Article 12