ORGANISATION MONDIALE 
DU COMMERCE 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce IP/N/1/FIN/T/l/Rev .1 
30 septembre 1996 
(96-3893) 
Original: anglais 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
Finlande 
Révision 
Le présent document contient le texte d'une version non officielle révisée du projet de loi sur 
les marques 1, modifiée en dernier lieu le 22 décembre 1995, notifiée par la Finlande sous couvert d'une 
communication de la Mission permanente de Finlande datée du 1er août 1996. 
1 Anglais seulement. IP/N/IIFIN/T I l/Rev.l 
Page 2 
FINLAND 
Trademarks Act (Revised unofficial draft) 
(as amended by Acts No. 996 of December 16, 1983, No. 581 of June 26, 1992, No. 
1038 of November 13, 1992, No. 39 of January 25, 1993, No. 716 of April 21, 1995, 
No. 1715 of December 22, 1995, and No. 1699 of December 29, 1995) 
CHAPTER I 
General Provisions 
Section 1 
By registration in accordance with this Act, the sole right will be acquired to a 
trademark as a special symbol to distinguish goods to be offered for sale, or 
otherwise purveyed in business, from those of others. 
A trademark may be any kind of mark that can be represented graphically and by 
means of which goods marketed in business can be distinguished from those of 
others. In particular, a trademark may consist of words, including personal names, 
figures, letters, numerals or the shape of goods or of their packaging. 
The provisions of this Act in respect of goods shall correspondingly apply to 
services. 
Section 2 
A sole right to a trademark may be acquired even without registration after the 
mark has become established. 
By right of establishment, the sole right may be acquired also to other symbols 
than to the special symbols of business defined in Section 1, paragraph 2. 
A trade symbol shall be regarded as established if it has become generally known 
in the appropriate business or consumer circles in Finland as a symbol specific t~ 
its proprietor'S goods. 
Section 3 
Any person may use his surname, address, or trade name in his business as a 
trade symbol for his goods unless its use is liable to cause confusion with the 
protected trademark of another, or with a name, an address, or a trade name that 
another is already using lawfully in his business. 
What has been said above about the trade name applies equally to the subsidiary 
company and secondary symbol referred to in the Act on Trade Names. 
A name or a trade name of another may not be included in a trademark. Nor may 
a subsidiary company or a secondary symbol of another be included in a IPIN/ lIFIN/T /lIRev.l 
Page 3 
trademark unless these lack distinguishing power or the branches of trade or 
kinds of goods concerned are different. 
Section 4 
The right to a trade symbol as specified in Sections 1 to 3 of this Act means that no 
one other than the proprietor of a mark may use any symbol liable to be confused 
with it for his goods, whether on the goods or their packaging, in advertising or 
commercial documents, or in any other way, including orally. This provision 
applies equally regardless of whether the goods are offered for sale or intended to 
be offered for sale in Finland or abroad, or are imported for business purposes. 
If spare parts, accessories, or the like, suitable for use with the goods of another, are 
offered for sale, it is illegal to allude, in the manner specified in the first paragraph 
of this Section, to the trade symbol of such other party in any way liable to create 
the impression that the goods offered for sale originate with the proprietor of the 
said trade symbol or that the proprietor has permitted the use of the trade symbol. 
If goods are offered for sale using a particular trade symbol, and if thereafter 
someone other than the proprietor of the symbol substantially alters them by 
modifying or repairing them, or in another comparable manner, the symbol may 
not be used when the goods are again offered for sale in Finland unless the change 
is clearly indicated or announced, or is otherwise plainly evident. 
Section 5 
The sole right to a trade symbol shall not apply to any part of the symbol that is 
intended mainly to render the goods or their packaging more suitable for their 
purpose, or else serves some purpose other than that of a trade symbol. 
Section 6 
Trade symbols shall, in accordance with this Act, be regarded as leading to 
confusion only if they apply to identical or similar kind of goods. 
Paragraph 1 notwithstanding, the confusability of symbols can be referred to in 
favour of such symbol which has a reputation in this country, if the use of a 
symbol of another without due cause would mean taking unfair advantage of, or 
being detrimental to, the distinctive character or the repute of the earlier mark. 
The provision of the second paragraph of this Section shall equally apply to 
subsidiary companies and secondary symbols referred to in the third paragraph of 
Section 3. 
Section 7 
If, under Section 1 or 2, several parties demand sole rights to trade symbols 
bearing confusing similarity, preference shall be given to the party that can claim 
the earliest entitlement, subject -to provisions of Section 8 or 9 below. IP/NI1 IFIN/T IIlRev.1 
Page 4 
Section 8 
Even if a registered trademark which has been used in this country for a period of 
five successive years, is liable to be confused with an earlier registered or 
established mark, the use of the later mark shall not be prohibited, provided that 
the application for registration was made in good faith and that the proprietor of 
the earlier mark has been aware of such use of the later mark for such a period. 
Section 9 
If an established trademark is liable to be confused with another earlier registered 
or established trademark, but the proprietor of the earlier trademark has not 
subsequently taken steps to prevent the use of the later trademark within a 
reasonable period of time, he shall no longer be entitled to prohibit the use of the 
later trademark. 
Section 10 
In the cases referred to in Section 8 or 9, it may be decided, where reasonable, that 
one or both of the trade symbols may only be used in a specific manner -for 
example, shaped in a particular way, or with the addition of a place name or some 
other explanatory feature. 
The first paragraph of this Section shall equally apply if there is likelihood of 
confusion in a case referred to in the first or second paragraph of Section 3. 
Section lOa 
The proprietor of a trademark may not deny the use of the trademark in the goods 
that the proprietor or someone else with his consent has, using this trademark, put 
on the market within the territory of the European Economic Area. 
Paragraph 1 shall not apply if the proprietor has justified grounds to oppose putting 
the goods again on the market, in particular if alterations have been made in the 
goods or they have been deteriorated after being put on the market. 
Section 11 
At the request of the proprietor of a registered trademark, the author, editor or 
. publisher of a dictionary, glossary, manual or similar publication shall ensure that 
the trademark is not reproduced without indicating that it is registered as such. 
Anyone who fails to observe the above paragraph shall take steps to see that a 
correction is published in whatever manner and to whatever extent is considered 
reasonable, and shall bear the cost of publishing the said correction. CHAPTER II 
Registration of Trademarks 
Section 12 IP/NI1 IPIN/T II/Rev.I 
Page 5 
A Register of Trademarks shall be kept by the National Board of Patents and 
Registration of Finland. 
Section 13 
To be eligible for registration, a trademark must be likely to distinguish its 
proprietor's goods from those of others. A mark that, either solely or with only a 
few alterations or additions, indicates the kind, quality, quantity, use, price, or 
place or time of manufacture of the goods shall not, as such, be regarded as 
distinctive. In assessing whether a trademark possesses distinguishing power, all 
the factual circumstances shall be borne in mind, particularly the length of time 
and extent to which the mark has been used. 
Section 14 
A trademark shall not be registered: 
1) if it is contrary to law and order, or to morality; 
2) if it is liable to mislead the public; 
3) if, without proper permission, it incorporates national armorial bearings, a 
national flag or other emblem, a sign or hallmark indicating control and warranty 
used by the State for goods. of the same or a similar type as those for which the 
trademark is requested, the armorial bearings of a Finnish commune, or the flag, 
armorial bearings or other emblem, name or abbreviation of name of an 
international organization or any device or emblem, name or abbreviation of a 
name liable to be confused with the symbols or emblems, marks, names or 
abbreviations referred to in this item; 
4) if it is composed of or contains anything that is likely to give the impression of 
being the protected trade name of another or the subsidiary company or secondary 
symbol of another referred to in the third paragraph of Section 3, or of being the 
name or likeness of another person, unless such name or likeness plainly refers to 
someone who died a long time ago; 
5) if it is composed of or contains anything that is likely to give the impression of 
being the title of another's protected literary or artistic work, whenever such work 
is of original character, or if it constitutes an infringement of another's copyright 
in such a work or of his right to a photographic illustration; 
6) if it is liable to be confused with the name or protected trade name of another 
trader or with a subsidiary company or secondary symbol of the kind referred to in 
the third paragraph of Section 3 or with the trademark of another which has been 
registered on the basis of an earlier application or with the trade symbol of 
another party that is already established at the time when registration is sought; or 
7) if it is liable to be confused with a trade symbol being used by another party for 
his goods at the time of the application, and if the applicant has cognizance of 
such use at the time of his application and had not used his own mark before the 
other trade symbol came into use; or IP/N/lIFIN/T/l/Rev.l 
Page 6 
8) if it is liable to be confused with a trademark protected by international 
registration valid in Finland and the date under paragraph 1 of Section 56c 
granted by the International Bureau is earlier than the date on which registration 
is applied for: or 
9) if it is liable to be confused with a Community trade mark under paragraph 1 of 
Section 57 that has been registered on the basis of an earlier application. 
In the cases referred to in items 4 to 9, registration may be granted if the person 
whose right is concerned agrees thereto, and provided that the registration does 
not contravene any of the other provisions of the first paragraph of this Sectio.n. 
Section 15 
The sole right to a trademark acquired by registration does not cover any part of 
the mark that cannot be registered as such. 
If the trademark contains any such part and there are special reasons to believe 
that its registration may cause uncertainty regarding the extent of the sole right 
granted, protection of the said part may be specifically disclaimed when the 
registra tion is made. 
If a part of a trademark excluded from protection later becomes registrable, a fresh 
registration can be made to cover such part or to comprise the entire trademark 
without the exclusion of the said part from protection. 
Section 16 
A trademark shall be registered in one or more classes of goods. The classification 
of goods shall be established by the National Board of Patents and Registration of 
Finland. 
Section 17 
The application for the registration of a trademark shall be submitted in writing to 
the registering authority. The application shall indicate the name or trade name of 
the applicant and the goods and classes of goods for which the mark is intended. 
The mark shall be clearly indicated in the application. 
A filing fee has to be paid upon filing the application. The application is not 
considered to be filed until the fee has been paid. 
Section 18 
If a trademark which the applicant used for the first time with goods shown at an 
international exhibition is submitted for registration within six months of the 
date on which the goods were first exhibited, the application shall be regarded as 
having been made on the said date for the purpose of determining priority over 
other applications for trademarks or the use of other trade symbols. Section 19 IP/N/IIFIN/T/1IRev.1 
Page 7 
If the applicant fails to observe the regulations concerning the filing of an 
application, or if the registering authority finds that the application cannot be 
approved for some other reason, the applicant shall submit a statement or rectify 
his application within a specified time; otherwise his application may be 
dismissed. 
If the registering authority considers the application unacceptable, even after the 
applicant has submitted a statement, it shall be rejected unless there is cause to 
issue a new time limi t. 
Section 20 
If the application complies with the requirements set therefor, and no obstacle to 
registration has emerged in the matter, the registering authority shall enter the 
trademark in the Register and give public notice thereof. 
Any oppositions to the registration of the trademark shall be filed in writing with 
the registering authority within two months of the date of the public notice. 
Even if the person that filed the opposition withdraws it, the matter may 
nevertheless be examined if special reasons thereto exist. 
Section 21 
After an opposition the registering authority shall revoke the registration if an 
obstacle to registration is found. Once the "decision to revoke the registration has 
acquired legal effect, public notice shall be given thereof. 
The registering authority shall reject the opposition if no obstacle to registration is 
found. 
Section 22 
Registration shall take effect as from the date on which the application was filed 
and shall remain in force for ten years from the date of registration. 
Registration may not be renewed earlier than one year before and later than six 
months after the registration expires. 
Renewal shall be requested in writing from the registering authority, if the 
proprietor wants to alter any of the particulars entered in the Register or if no 
entries have been made in the Register in respect of the classes to which the goods 
belong. In other cases registra tion is considered to be renewed once the renewal 
fee is paid. 
Provisions of Section 19 above shall correspondingly apply to the handling of the 
a pp lica tions. IP/N/lIFIN/T I 1 !Rev .1 
Page 8 
Section 23 
If the proprietor of a registered trademark so requests, minor changes which do 
not alter the total impression of the trademark may be entered in the Register. 
CHAPTER III 
Expiry of Legal Protection and Invalidity of Registration 
Section 24 
If the proprietor of a registered trademark fails to apply for renewal of the 
registration, as specified in Section 22, the said trademark shall be deleted from the 
Register. 
A trademark shall also be deleted from the Register, while the registration is valid, 
if the proprietor so requests. If, according to an entry in the Register, there is a 
mortgage on the trademark, the mark may not be deleted from the Register 
without the consent of the holder of the mortgage. 
Upon application by the proprietor of the trademark, the list of goods or of classes 
of goods for which the mark has been registered may be limited. The provision in 
the second paragraph concerning the consent of the holder of a mortgage shall 
apply also in this case. 
Section 25 
If a trademark has been registered contrary to the provisions of this Act, the 
registration shall be de~lared null and void unless the provisions of Section 8 or 9 
are applicable or some other change in circumstances affects the issue. 
Section 26 
An exlusive right to a trademark shall be forfeited: 
1) if it is obvious that the mark has lost the power to distinguish its proprietor's 
goods from those of others since the time it was registered or became established; 
or 
2) if the mark has become misleading or contrary to law and order or to morality 
since the time it was registered or became established; 
The registration of a trademark shall be forfeited if the mark has not been used 
during the last five years and the proprietor is unable to give a proper reason 
therefor. The use of a trademark with the proprietor's consent shall be considered 
equal to use by the proprietor. The forfeiture of a registration cannot, however, be 
requested if the trademark has been used after the expiry of a five-year period of 
non-use, but before the request for forfeiture. In such case, however, the use of the 
mark occurred during the three months preceding the request for forfeiture will 
not be considered, if the preparations for use are commenced only after the IP/N/I/FIN/T/1IRev.1 
Page 9 
proprietor has become aware that a request for forfeiture may be filed. 
If the ground for forfeiture of a registration concerns only some of the goods for 
which the trademark has been registered, the registration will be forfeited only in 
respect of those goods. 
Section 27 
A court of law shall decide on the declaration of invalidity of a registration and 
forfeiture of a trademark when a suit to that effect is brought against the 
proprietor of the mark. 
A suit of the kind referred to in the above paragraph may be brought by anyone 
who suffers inconvenience as a result of the registration. If the case is based on 
Section 13, on items 1 to 3 of the first paragraph of Section 14 or on Section 26, the 
suit may also be brought by the public prosecutor or by a body safeguarding the 
interests of the persons carrying on the trade or profession concerned. 
If the plaintiff so requests, an entry to the effect that a suit has been brought shall 
be made in the Register. 
CHAPTER IV 
Special Provisions for the Protection of Foreign Trademarks 
Section 28 
If an applicant for a trademark does not carry on his business in Finland, his 
application must be accompanied by a certificate to the effect that he has had the 
same trademark registered for the same goods in the foreign country in which he 
carries on his business or where he is domiciled, or of which he is a national. 
No certificate of the kind referred to in the above paragraph shall be required if 
the foreign country does not require a similar statement from a person who is a 
Finnish national, or who is domiciled or carries on his business in Finland. 
Section 29 
A trademark registered in a foreign country may be registered in Finland, in the 
form in which it is registered in such foreign country, provided that reciprocal 
rights exist, that the registration does not contravene Section 13 or 14, and that the 
trademark has not lost its' distinguishing povver. 
Notwithstanding the provisions of paragraph 1, minor changes may be made on 
the basis of reciprocity when registering a foreign trademark, provided that they 
do not alter the general impression of the trademark. IP/N/lIFIN/T/I/Rev.1 
Page 10 
Section 30 
Government may decree that an application for the registration of a trademark in 
this country, if registration of the trademark has previously been applied for 
abroad, shall upon the applicant's request be considered, in regard to other 
applications or other trade symbols in use, as having been made at the same time 
as the application filed abroad. 
Conditions under which priority under paragraph 1 may be obtained can also be 
laid down by decree. 
Section 31 
An applicant for a trademark registration or proprietor of a registered trademark 
not domiciled in Finland shall appoint an agent resident in Finland to represent 
him in all matters concerning the trademark. A Finnish corporate body may also 
act as an agent. The name of the agent shall be entered in the Register. Anyone 
who has filed an opposition and is not domiciled in Finland, shall appoint a 
representative resident in Finland to represent him in the opposition case. 
If the applicant for a trademark registration or the proprietor of a registered 
trademark does not have a duly empowered agent, the registering authority shall, 
by using the last known address of the applicant or the proprietor, invite him to 
remedy the situation within a prescribed time limit, upon pain of the application 
being considered as withdrawn or the mark being deleted from the register. If the 
registering authority has no knowledge of the address of the applicant or the 
proprietor, a public notice has to be published in the Trademark Gazette. 
CHAPTER V 
Assignment and Licenses 
Section 32 
A trademark may be transferred to another party; such assignment may cover' 
either all or some of the goods for which the mark was registered or became 
estab lished. 
When a firm holding a trademark changes hands, the trademark shall accompany 
the property unless the condition has been made that it shall remain with the 
previous owner, or that both the previous and the new owner of the firm may use 
it for different kinds of goods. 
Section 33 
Upon request, the assignment of a registered trademark shall be recorded in the 
Register. If the registering autnority finds that the use of a trademark subsequent 
to such assignment is clearly liable to mislead the public, permission to enter the IP/N/lIFIN/T I11Rev.1 
Page 11 
assignment in the Register shall be withheld unless the fault is eliminated by 
making a change in or addition to the trademark. 
An assignment not recorded in the Register shall not affect a third party who, in 
good faith, has obtained the right to the trademark. 
If anyone desires to place a mortgage on his right to a trademark, a written 
agreement shall be made and entered in the Register. No right to a mortgage shall 
exist until such an entry has been made. 
Section 34 
The proprietor of a registered trademark may authorize another to use it in his 
business without relinquishing his right as such to the trademark. A licence may 
concern the whole country or some part thereof and it may cover either all or part 
of the goods protected by the registration. The number of licencees may be one or 
more. Upon request, such a licence shall be entered in the Register. The registering 
authority may, however, refuse this entry if the use of the trademark relating to 
the licence is obviously liable to mislead the public. When a licence is proved to 
ha ve expired, the en try shall be deleted from the Register. 
A licence not entered in the Register shall not affect a third party who in good 
faith has obtained the right to the trademark. 
Unless otherwise agreed, the licencee may not transfer his right to a third party. 
Section 35 
The right to a trademark shall not be seized for a debt unless a mortgage has been 
established on it. 
If the property of the proprietor of a trademark is relinquished at bankruptcy, the 
right to the trademark shall be included in the bankrupt's estate. 
CHAPTER VI 
Prohibition of the Use of Misleading Trade Symbols 
Section 36 
If a trade symbol that has been assigned or for which a licence has been issued 
becomes misleading in the form in which it is used by its new proprietor or 
licencee, a court of law may, as it sees fit, forbid the new proprietor or licencee to 
use it. 
The use of the symbol may be prohibited also in other cases, if the trade symbol is 
misleading or if its proprietor or anyone else with his consent uses it in a manner 
misleading to the public. IP/N/lIFIN/T/l/Rev.1 
Page 12 
A suit under this Section may be brought by the public prosecutor, by anyone who 
suffers inconvenience as a result of the use of the trade symbol, or by a body 
safeguarding the interests of the persons carrying on the trade or profession 
concerned. 
Section 37 
If the right to use a trade symbol is denied under Section 36, the court may, where 
reasonable, order that a trade symbol that has been placed on goods, their 
packaging, brochures, leaflets, commercial documents, or the like, contrary to a 
prohibition specified in Section 36, shall be erased or altered so as not to be 
misleading. If this can be done in no other way, the court shall order that the 
property so marked be destroyed or changed in a specified manner. 
Property referred to in the above paragraph may be sequestered pending the said 
order; in this case, the general regulations on sequestration in criminal cases shall 
be applied. 
CHAPTER VII 
Consequences of Infringement of Trademark Rights 
Section 38 
Anyone who infringes the right of the proprietor of a trade symbol protected by 
this Act can be prohibited J:>y a court order from continuing or repeating such 
misdeed unless there are special reasons to the contrary. 
If the infringement has been deliberate or due to negligence, the aggrieved party 
shall be entitled to compensation from the defendant for all the damage he has 
suffered. It the negligence has only been slight, the court may modify the 
compensation awarded to ,vhatever extent it sees fit. 
Even if the defendant is not found guilty of negligence, the court may, where 
deemed reasonable in view of his financial and other circumstances, rule that he 
shall hand over to the aggrieved party the profits he has gained from such: 
infringement for up to but not more than the three preceding years. 
Section 39 
Anyone who deliberately infringes the right to a trade symbol protected by this Act 
shall, unless the act is punishable as an industrial property right offence under 
Section 2 of Chapter 49 of the Penal Code, be sentenced to a fine for a violation of a 
right to a trademark. 
Prosecution for infringement according to the above paragraph shall not be 
brought by the public prosecutor except at the instance of the aggrieved party .. 
In the case of a registered trademark, no penalty may be imposed unless the infringement occurred after the date of registration. 
Section 40 IP/NllIFIN/T 111Rev.1 
Page 13 
A suit for damages according to Section 38 must be brought within three years of 
the time when the plaintiff learned of the infringement and ascertained the 
identity of the infringer, and in any case not later than within ten years from the 
time when the infringement occurred. 
Notwithstanding the above paragraph 1, in the case of a registered trademark a 
suit may be brought for infringement before the date of registration, provided that 
it is brought within a year of that date. 
Section 41 
On the request of one whose right to a trade symbol has been infringed, the court 
may rule, if it sees reasonable, that a symbol that without authorization has been 
placed on goods, their packaging, leaflets, commercial documents, or the like, 
shall be erased or altered in such a way as to ensure that it will no longer be 
misused. If this can be effected in no other way, the court shall order that the 
property so marked' be destroyed or changed in a specific manner. The court may 
also, upon request, order that the property be handed over to the plaintiff against 
payment. 
Regardless of whether the infringement is deliberate or not, the public prosecutor 
or the court may order that the property referred to here be sequestered if the 
plaintiff so requests and, where considered necessary, gives acceptable surety for 
any damage the defendant may suffer as a 'result of the sequestration and for the 
costs occasioned by said sequestration; otherwise, in this case the general 
provisions on sequestration in criminal cases shall be applied. 
CHAPTER VIII 
Litigation Concerning Trademarks 
Section 42 
The District Court of Helsinki shall be the competent court of law in matters 
concerning the right to a trademark, declaring the registration of a trademark 
invalid, declaring a trademark forfeited, prohibition of the use of a trademark, 
suit referred to in paragraph 46, or infringement of trademark rights. 
A suit brought against the proprietor of a trademark not domiciled in Finland 
shall be heard in the District Court of Helsinki. 
The District Court of Helsinki shall serve as the trademark court according to the 
Council Regulation referred to in paragraph 1 of Section 57 below. IP/NI1 IPIN/T 111Rev.1 
Page 14 
Section 43 
A claim for injunction according to Section 38 may be heard at the same time as 
prosecution brought under Section 2 of Chapter 49 of the Penal Code or Section 39 
of this Act. 
Section 44 
If the defendant in a case concerning an infringement of the right to a trademark 
based on registration claims that the registration is null and void and the truth of 
the matter is not immediately clear, the court shall grant him a period of time in 
which to bring a suit at a separate court hearing in order to have the registration 
declared null and void; no decision on the original case may be handed down 
until the validity of the registration has been finally settled for or against. If the 
secondary suit is not brought within the time limit granted, the court shall make 
its decision on the case regardless of the counterclaim. 
The above paragraph shall apply equally if the defendant claims that the 
trademark has been forfeited. 
Section 45 
If someone has been granted the sole right to use a registered trademark in 
Finland and an entry regarding such licence has been made in the Register, in 
cases concerning infringements of the right to the trademark both the proprietor 
of the mark and the licencee, or both, can be regarded as plaintiffs. 
If the licencee referred to in the above paragraph wants to bring a suit for 
infringement, he shall notify the proprietor of the trademark; if he fails to do so, 
his suit shall not be heard. 
This Section shall apply equally if the proprietor has reserved rights to parallel use 
for himself upon granting another an exclusive licence. 
Section 46 
A suit brought to establish whether or not a right to a trade symbol exists, or 
whether a specific act infringes such right, can be heard in cases where uncertainty 
exists and is harmful to the plaintiff. 
In such cases, Section 45 shall apply correspondingly. 
Section 47 
A suit to have a trademark registration declared null and void can be continued 
against the original defendant in the event of the trademark's being assigned to 
another after legal proceedings have been commenced, and, if the court finds for 
the plaintiff, its decision shall· be equally binding upon the party to whom the 
trademark has been assigned. This shall apply equally in the case of a suit brought to declare a trademark forfeited. 
Section 48 IP/NI1 IFIN/T I 1 !Rev .1 
Page 15 
When a suit is brought to obtain an injunction in accordance with this Act, the 
court may, on the request of the plaintiff, issue an injunction against the 
defendant during the proceedings or in its decision, to be in force until the 
principal case has been settled with legal effect, or until the same or another court 
has prior to that decided otherwise. Before such an injunction is issued, the 
plaintiff may be ordered to give acceptable surety for the damage the defendant 
may suffer from the said injunction. 
A separate appeal may be made against a court decision handed down during 
proceedings concerning an injunction or cancellation thereof. 
Section 49 
A copy of any court decision in a case concerning the expiration of trade symbols, 
or in any of the cases referred to in Sections 10, 25, 26, 36 and 46, shall be sent by 
the court to the National Board of Patents and Registration of Finland. In addition 
the court shall inform the Community Trademark Office referred to in paragraph 
1 of Section 57 of a suit concerning revocation of a Community trademark and 
invalidation of the registration and send a copy of the final decision by the court 
to the Office. 
CHAPTER IX 
Public Notices, Notifications, Appeals and Removals of Decisions 
Section 50 
Besides in the cases referred to in Sections 20 and 21, public notice shall be given 
when a registered trademark is modified in accordance with Section 23, when 
registration is deleted under Sections 24 to 26, 31 or 52, or an assignment by virtue 
of Section 33 or a licence granted under Section 34 is recorded in the Register. 
Section 50a 
If it has not been possible to notify the applicant at the address informed by 
himself, the notification may take place by public notice in the Trademark Gazette. 
Section 51 
An appeal against the final decision of the registration authority in a case 
concerning a trademark may be made by the applicant, if the decision was 
unfavourable to him or if the case has been dismissed. An appeal against a final 
decision taken by the registration authority on account of an opposition filed 
against the registration may be lodged by the losing party. Even if the person who 
filed the opposition withdraws his appeal, the case may be examined if special IP/N Il/FIN/T I11Rev.1 
Page 16 
reasons thereto exist. 
Section 51a 
An appeal against a decision made by the registration authority under this Act 
shall be filed with the Board of Appeals at the National Board of Patents and 
Registration of Finland. Separate regulations shall apply to the appeals procedure 
and the proceedings in the Board of Appeals. 
Section 52 
If the registration authority receives from the International Bureau referred to in 
Section 53 a notification of an international registration, and in that registration 
the date on which the protection begins is prior to the date on which the 
protection accorded by the Finnish registration of the same mark begins and the 
goods covered by the international registration are wholly or partly the same as in 
the Finnish registration, the registration authority shall remove its decision 
concerning the Finnish registration and take a new decision on the case. 
If the registration authority finds after its decision to grant a registration, before 
the period for filing oppositions has expired, that the decision to grant the 
registration is based on an obvious handling error, the registration authority may 
remove its incorrect decision and take a new decision on the case. 
CHAPTER X 
International Registration of Trademarks 
Section 53 
By international trademark registration is meant the registration of a trademark 
effected by the International Bureau of the World Intellectual Property 
Organization in accordance with the Madrid Protocol issued on 27 June 1989 
relating to the Agreement Concerning the International Registration of Marks 
concluded on 14 April 1891. 
The National Board of Patents and Registration of Finland shall be in charge in 
Finland of duties relating to international registration and shall keep a record of 
. international registrations in effect in Finland. 
Section 54 
If a Finnish national or anyone who is domiciled or has a real and effective 
industrial or commercial establishment in Finland, wishes to apply for 
international registration, he shall file an application for an international 
registration with the National Board of Patents and Registration of Finland. A 
prerequisite for applying for-an international registration is that he has a 
registration or pending application concerning the same mark in Finland. Section 55 IP/N/lIFIN/T IllRev .1 
Page 17 
An international application shall be filed in writing in compliance with separate 
provisions. The prescribed fee shall be paid on filing the application. 
Section 56 
The registration authority shall check that the international trademark 
application corresponds to the registration granted to the applicant in Finland or 
to his pending application in Finland. 
If the correspondence under paragraph 1 does not exist, the registration authority 
shall oblige the applicant to rectify the international application within a specified 
time limit, on pain of the application being dismissed. 
If the correspondence under paragraph 1 exists, the registration authority shall 
attach a certificate to that effect to the application and convey it with the 
application to the International Bureau before two months have passed from the 
date of filing of the application. 
Section 56a 
When the registration authority receives from the International Bureau a 
notification of an international registration having effect in Finland, the 
registration authority shall examine whether any obstacle is found to the 
registration. 
Section 56b 
If the registration authority finds that a trademark that is the subject of an 
international registration does not comply with the conditions for registration 
laid down in this Act, it shall notify the International Bureau that the 
international registration does not have effect in Finland. The registration: 
authority shall notify its refusal, together with a statement of all grounds, to the 
International Bureau before the expiry of a period of 18 months from the date of 
notification by the International Bureau referred to in Section 56a. 
If the statement issued by the proprietor of an international registration on 
account of the notification by the registration authority referred to in paragraph 1 
does not present any circumstances on the basis of which the trademark could be 
deemed to comply with the prerequisites for registration laid down in this Act, the 
registration authority shall take a decision to the effect that the international 
registration does not have effect in Finland. The registration authority shall take a 
decision with a corresponding content also in the case where the proprietor of the 
international registration has not submitted his statement on account of the 
registration authority's notification. IP/N/lIFIN/T I1lRev.1 
Page 18 
Section 56c 
If no obstacle is found to registration, the registation authority shall give public 
notice of the notification by the International Bureau referred to in Section 56a as 
laid down in paragraph 1 of Section 20. The public notice shall indicate the date 
granted by the International Bureau to the international registration. 
Any opposition against an international registration in Finland shall be filed in 
writing with the registration authority within two months of the date of 
notifica tion. 
Section 56d 
If the registration authority, after an opposition has been filed, finds that the 
trademark that is the subject of an international registration does not comply with 
the prerequisites for registration laid down in this Act, it shall notify the 
International Bureau, in the manner prescribed in paragraph 1 of Section 56b, that 
the international registration does not have effect in Finland. 
If the time limit stated in paragraph 2 of Section 56c expires later than within 18 
months of the notification by the International Bureau referred to in Section 56a, 
the registration authority shall notify the International Bureau within 18 months 
of the above notification that the registration may later cease to have effect. In 
such case the notification of the fact that the registration does not have effect in 
Finland shall be conveyed within one month of the expiry of the time limit 
referred to in paragraph 2 of. Section 56c. 
Once the decision, taken after an opposition has been filed, that the international 
registration does not have effect Finland has taken legal effect, the registration 
authority shall give public notice of the fact. 
Section 56e 
An international trademark registration that has effect in Finland is in force as 
from the date accorded by the International Bureau referred to in paragraph 1 of 
Section 56c. Provisions laid down in and under this Act shall mutatis mutandis: 
apply to the international registration. 
Section 56f 
If the proprietor of an international registration who is not domiciled in Finland 
wishes to submit, a statement to the National Board of Patents and Registration of 
Finland, he shall appoint a representative resident in Finland. 
Section 56g 
If the proprietor of a trademark registered in Finland has been granted an 
international registration in respect of the same mark that has effect in Finland, 
the international registration of the trademark replaces the Finnish registration if IP/N/lIFIN/T I11Rev.1 
Page 19 
all the goods covered by the Finnish registration are included in the list of goods 
covered by the international registration. 
The registration authority shall on request make an entry in the Register to the 
effect that the international registration of the trademark is in force and give 
public notice of the fact. 
Section 56h 
If a trademark is wholly or partly deleted from the international register, the 
registration authority shall delete the corresponding parts of it from the register it 
maintains and give public notice of the fact. 
Section 56i 
If an international registration valid in Finland ceases to have effect within five 
years from the date referred to in paragraph 1 of Section 56c for the reason that the 
validity of the national registration or pendency of the national application on 
which the international registration is based has ceased and the proprietor of the 
trademark seeks registration for the same trademark in Finland, such application 
shall be considered to have been filed on the date referred to in paragraph 1 of 
Section 56c provided that: 
1) the application is filed within three months of the expiry of the validity of the 
international registration; 
2) the goods covered by the Finnish application were included in the international 
registration in effect in Finland; and 
3) the application in othe~ respects complies with the requirements set for 
registration and the applicant pays the prescribed fees. 
The registration authority shall make an entry in the Register that the Finnish 
application is based on the international registration and give public notice of the 
fact. 
Section 56j 
If an international registration valid in Finland ceases to have effect because a 
party to the Protocol referred to in Section 53 gives notice of termination in: 
respect of the Protocol, and the proprietor of the trademark applies for registration 
for" the same trademark in Finland, such application shall be considered to have 
been made on the date referred to in paragraph 1 of Section 56c provided that: 
. 1) the application is filed within two years of the date the notice of termination 
came into force; 
2) the goods covered by the Finnish application were included in the international 
registration valid in Finland; and 
3) the application in other respects complies with the requirements set for 
registration and the applicant pays the prescribed fees. 
The registration authority shall make an entry in the Register that the Finnish 
application is based on the inte.rnational registration and give public notice of the 
fact. IP 1Nl 1 IPIN/T 11 IRev.l 
Page 20 
Section 56k 
Public notice shall be given of renewals, transfers, deletions under Sections 24 to 
26 and licences concerning international registrations. 
Section 561 
An appeal against a final decision by the registration authority may be lodged by 
the applicant for an international registration and the proprietor of an 
international registration who has required such registration in Finland, if the 
decision was unfavourable to him or if the case has been dismissed. 
An appeal against a decision taken by the registration authority to the effect that 
an international registration has effect in Finland despite an opposition filed may 
be lodged by the person who filed the opposition. Even if the person who filed the 
opposition withdraws his appeal, the case may be examined if special reasons 
thereto exist. 
Correspondingly, Section 51a shall apply to appeals under paragraphs 1 and 2 
above. 
CHAPTERXa 
Community Trademark 
Section 57 
By Community trade mark is meant a trademark registered by the Office for 
Harmonization in the Internal Market operating in the Internal Market of the 
European Community (Community Trade Mark Office) under Council 
Regulation «EC) 40/94) concerning Community trade mark. 
An application in respect of a Community trade mark can be filed with the 
National Board of Patents and Registration of Finland which shall forward it to 
the Community Trade Mark Office. A prescribed fee is payable to the National: 
Board of Patents and Registration of Finland for the application. 
Section 57a 
If the validity of the registration of a Community trade mark or the lis pendens of 
a Community trade mark application has wholly or partly ended and the 
proprietor of the Community trade mark applies for registration of the same 
trademark in Finland, such application shall be considered to have been filed on 
the date of filing of the application for a Community trade mark provided that: 
1) the application is filed within three months of the notice by the Community 
Trade Mark Office that the validity of the registration of the Community trade 
mark or the lis pendens of the application for a Community trade mark has 
ended; IP 1Nl IIFIN IT IIlRev.1 
Page 21 
2) the goods covered by the Finnish application were included in the application 
for a Community trade mark in so far as its lis pendens has ended or in the 
registration of a Community trade mark in so far as its validity has ended; and 
3) the application in other respects complies with the requirements set for 
registration and the applicant pays the prescribed fees. 
If the registration of a Community trade mark has ceased to have effect as a result 
of non-use and the proprietor of the trade mark applies for registration of the 
same trade mark in Finland, such application is, subject to compliance with the 
conditions stated in paragraph 1, deemed to have been filed on the date of filing of 
the Community trade mark application, provided that the Community trade 
mark has been in genuine use in Finland. 
If the lis pendens of an application for a Community trade mark ends because the 
application is withdrawn or if t}:1.e registration of a Community trade mark ceases 
to have effect because it is not renewed or because of a decision of a national court 
of law, the Finnish application shall be filed within three months of the date on 
which the application was withdrawn, the registration term of the trade mark 
ended or the court decision acquired legal effect. 
CHAPTER XI 
Enforcement and Implementation of the Act 
Section 58 
Further instructions on the procedure to be followed by applicants for registration, 
the giving of public notice, and other procedures in such connection, and on the 
maintenance of the Register of Trademarks, including changes to be made in the 
Register, and other orders necessary for the implementation of this Act shall be 
given by decree. 
Fees to be collected in accordance with this Act will be laid down separately. 
Section 59 
This Act shall come into force on the first day of June, 1964. The following shall 
thereby be rescinded: 
. The Decree on the Protection of Trademarks of February 11, 1889; 
Chapter XXXVI, Section 13, of the Penal Code; 
Section 2 of the Decree of December 21, 1885, granting greater freedom to the iron 
industry. 
Section 60 
The validity of trademarks registered before the entry into force of this Act shall be IP/N/I/FIN/T/1IRev.1 
Page 22 
determined in accordance with the earlier regulations. 
The right to a trademark can be declared forfeited in accordance with Section 26 
even though it was granted or became established before the entry into force of 
this Act. 
Pending applications for registration shall be subject to the new Act. 
Section 61 
In the case of trademarks registered earlier, the period of five years provided for in 
Section 8 shall be calculated as beginning from the date of the entry into force of 
this Act. 
Section 62 
The provisions of Section 40 regarding the period of time within which damages 
shall be claimed shall apply equally if the act for which compensation is payable 
was committed before the entry into force of the present Act; if, however, the 
period of three years referred to in the said Section began before the date of the 
entry into force of this Act, it shall be counted as having begun on the said date. 
Section 63 
When the registration of an earlier registered trademark is renewed for the first 
time after the entry into force of this Act, the registration period based on the said 
renewal of registration shall.be regarded as ending on the date corresponding to 
the original date of registration, even if {he registration period according to an 
earlier renewal were calculated otherwise. 
Upon renewal of registration, the classes of goods listed shall be modified to 
conform to any changes that have been made in the classification. 
Section 64 
A trademark registration that was renewable without application under the 
former regulations shall be renewed from now on in accordance with the 
provisions on renewal contained in the present Act. Unless application for 
renewal is made within one year of the date on which this Act takes effect, the 
trademark shall be deleted from the Register.