Trademark in Finaland
Introduction
Applications for multiple classes
In Finland, trademark applications for multiple classes are available.
Finland's filing requirements
Applications for trademarks may be submitted in English, Swedish, or Finnish; however, if the application is submitted in English, the applicant must select either Finnish or Swedish as their processing language. A trademark application in Finland must include the following information to acquire the date of filing-
- A description of the trademark;
- A list of the goods and services;
- Applicant's information;
- Proof of payment of the filing fee.
- Although not required, the Office may request the Power of Attorney. A duplicate will do.
- The Trademark Office has the right to seek the filing of the Priority Document. There is no need for the translation into Finnish.
Finland's trademark application review, publishing, and opposition
In Finland, trademark applications are reviewed by the Office for formal and registrability compliance as well as a search for earlier, comparable trademarks. The publication of a trademark follows a positive examination. Any interested person may dispute a Finnish trademark within two months of the day the trademark registration was published.
Grant, duration of validity, and renewal of a trademark
In Finland, there is no grant cost for trademark registration. The Finnish trademark registration is valid for 10 years from the filing date for trademarks registered on or after May 1, 2019. The length of a trademark's validity for registrations made prior to May 1, 2019, is ten years. For ten years, trademarks can be renewed. If the surcharge is paid, requests for trademark renewal can be made up to a year before the registration expires as well as during the grace period of six months following the expiration date.
The duration of registration process
In Finland, it typically takes 2 months from filing to registration of a trademark.
Use requirement
If a trademark in Finland is not used within five years of registration or is not used for five years straight after that, it may be susceptible to cancellation.
Using a trademark attorney as representation
Foreign applicants for trademarks must use an agent, a trademark attorney licensed in the European Economic Area, to carry out the trademark prosecution in Finland.
Trademark Registration in Finland
As a "first to file" nation, Finland requires trademark registration before granting rights to a mark. An unregistered trademark can only be protected in some rare circumstances. The Finnish Patent and Registration Office must receive the trademark application submissions (PRH).
Since Finland is a member of the European Union as well, European Union Trademarks (EUTM) are safeguarded here. Additionally, it is a signatory to the Madrid Protocol. As a result, this nation is able to extend an international trademark registration under the Madrid System. Whether locally or through the European Union trademark, a trademark registered in Finland also provides protection in the land Islands. A trademark does not have to be in use in Finland in order to register. However, earlier usage could be helpful since it might show that the trademark has acquired distinction, which can help counter an argument that it lacks distinctiveness.
When a combination trademark (one that has both word and figurative features) is registered in Finland, the exclusive right to use the trademark is restricted to using it exactly as it was submitted and registered. It is advised that you file for a different trademark that only includes the word or figurative features you intend to use and protect separately. This is true if you wish to use the word element of your trademark separately from the logo (or vice versa).
However, you will have the right to oppose the application on the grounds of confusing similarity if a third party subsequently wants to register or use a trademark for comparable goods or services that includes a primary or separate component or portion of your trademark. In Finland, trademark oppositions may be lodged within two months of the day the trademark application was published in the official bulletin. Depending on the specifics of each situation, many conditions will affect the odds of an opposition's success.
Although a trademark need not be utilized in order to register, it cannot stay inactive for more than five years at a time as this leaves it open to revocation claims based on inactivity. Commercial-scale use must be the extent. In Finland, trademark registrations are valid for ten (10) years after the date of registration and are renewable forever for additional ten-year periods. One (1) year before the expiration date, a trademark renewal request may be made. On payment of a late renewal charge, it may also be requested within the grace period of six (6) months following expiration.
Costs
- Prices for searches First class: $100.00; subsequent classes: $80.00
- Cost of applications First class is $870.00; each subsequent class costs $370.00.
- The PRH must receive a written application for the registration of a trademark. You can submit an application for a trademark via the online form provided by PRH or a paper form that is available in Finnish and Swedish.
- The trademark for which an application is made must be included. If more than one mark is suggested, individual applications for each mark must be submitted.
- A word mark, a figure mark, or a combination mark may be used as the proposed trademark. If the proposed trademark is a figure mark or combination mark, a picture of it must be submitted together with 10 copies, each no larger than 8 x 8 cm. All the colours must be mentioned in the application if the mark is intended to be registered in shades other than black and white. Any colour combination may use a mark that has been registered in black and white.
- In order to submit the application, the applicant must pay the application cost.
- Since 2016, the fee is 215 euros for applications submitted online and 250 euros for applications submitted on paper. Until the fee has been paid, the application is not regarded as having been filed.
- The applicant or a representative must sign the printed application. You can mail or attach a copy of your application to an email and send it to PRH. There is no requirement that the original application be sent. The application must be accompanied by a copy of the application fee receipt.
- A foreign applicant must appoint a representative, who is required to represent the applicant in all aspects relating to the trademark, even if the applicant does not have a domicile or registered office in Finland. The application must include the representative's name, residence or registered office, and address. A power of attorney must also be included with the application.
- PRH must register the trademark in the Register of Trademarks and give public notice thereof if the application complies with the conditions to which it is subject and if no impediment to registration has arisen in connection with it.
- The day the application is submitted marks the start of the registered trademark's protection. The registration can be renewed after every ten years and is good for ten years from the date of registration.
The cost only applies to wordmarks. A figurative element (logo) in the trademark will incur an extra price of $30 USD per class.
Process
Applying for a trademark involves the following steps-