ACT ON COLLECTIVE MARKS 5.12.1980/795  
 
Section 1  
A collective body may, by means of registration in accordance with the Trademarks Act 
(7/64) or use, obtain the exclusive right to a trademark intended to be used by the members of 
the body in their professional activities (association mark). The aforement ioned exclusive 
right may also be obtained with regard to other special symbols used as association marks 
through the establishing of the mark by means of use.  
An authority, association or institution whose duty it is to check or supervise goods or 
servic es or to issue directions regarding them may, by means of registration, obtain the 
exclusive right to a special mark to be used on goods or services subject to control or 
supervision (control mark). The marks referred to in this Act shall be called collect ive marks.  
 
Section 2  
Unless otherwise provided by the provisions of this Act, the provisions of the Trademarks 
Act shall apply mutatis mutandis.  
 
Section 3  
An application for the registration of a collective mark shall include an excerpt from the 
associa tion, trade or institution register or from some other report on the applicant’s field of 
activities, along with the association’s bylaws and stipulations regarding the use of the mark.  
Amendments to the stipulations for use referred to in paragraph 1 sha ll be reported to the 
registering authorities.  
 
Section 4  
Assignment of collective marks shall be registered on application therefor, unless the mark, 
in the hands of the assignee, is liable to mislead the public.  
If the registration of a control mark has expired, the mark may be registered only for a party 
entitled to own such a mark.  
 
Section 5  
In addition to the cases referred to in the Trademarks Act (section 26, paragraphs 1 to 3), the 
registration of a collective mark may also be cancelled if the owne r of the mark has ceased 
his activities, if the owner permits use of the mark in a manner contrary to the stipulations 
mentioned in section 3, or if amendments to the aforementioned stipulations have not been 
reported to the registering authorities.  Anyone  aggrieved by the registration may bring legal action to cancel the registration. Legal 
action may also be brought by a prosecutor, an authority appointed by the Ministry of 
Employment and the Economy or by a body entrusted with the task of looking after t he 
interests of the trade and industry concerned or of consumers.  
 
Section 6  
In cases concerning infringement of collective mark rights, only the owner of the mark may 
be considered as a complainant. He may sue for compensation for damages, including 
dama ges that have been caused to another party entitled to use the collective mark.  
Section 6 a  
 
Disputes and application cases under this Act are heard by the Market Court.  
The provisions of the Act on the Judicial Proceedings at the Market Court (100/2013) apply 
to the hearing of disputes and application cases by the Market Court.  
 
Section 6 b  
 
Charges of an intellectual property offence, as referred to in Chapter 49, section 2, of the 
Criminal Code of Finland, which infringes the right to a trade symbol; a nd charges of 
violation, as referred to in section 39(1) of the Trademarks Act, are heard by the Helsinki 
District Court.  
 
Claims for compensation under section 38(2) and (3) of the Trademarks Act or claims under 
section 41 of the same Act, arising from an  offence referred to in the charge, may be heard in 
connection with a charge referred to in subsection 1 above, notwithstanding the provisions of 
section 6 a of this Act.  
 
The court remains competent to examine a claim referred to in subsection 2 even if t he 
circumstances on which its competence is based change after the claim is being made.  
 
Section 6 c  
 
The provisions of Chapter 4, section 22, of the Act on the Judicial Proceedings at the Market 
Court, on the right of the Market Court to request a statem ent, apply to the right of the court 
hearing a case referred to in section 6 b above, to request a statement from the registering 
authority.  
 
Section 6 d  
 
When hearing a case referred to in section 6 b, the District Court may be assisted by a 
maximum of t wo expert members referred to in chaptaer 17, section 10(2) of the Court Act 
(673/2016 ).  
 
The experts must give their statement in writing on the matters submitted to them by the 
District Court. The experts are entitled to question the parties and the wit nesses. The District Court must reserve the parties an opportunity to state their views on the expert’s statement 
before decision in the case.  
 
The provisions on the expert’s right to a fee are laid down in chapter 17, section 22 of the 
Courts Act.  
Section  6 e 
 
The provisions of Chapter 4, section 23, of the Act on the Judicial Proceedings at the Market 
Court, on the obligation of the Market Court to notify of its decisions, apply to the obligation 
of the court hearing a case referred to in section 6 b abov e, to notify the registering authority 
of a decision.  
 
Section 7  
More detailed provisions concerning the implementation of this Act shall be provided by 
decree when required.  
 
Section 8  
This Act shall take effect on March 1, 1981. This Act replaces Chapter 10 of the Trademarks 
Act issued on January 10, 1964.