TRADEMARKS ACT ,  10 January 1964, 1964/7  
 
Chapter I General Provisions   
Section 1  
This act lays down provisions on an exclusive right to a trademark used in the course of trade 
for goods and services. This act also lays down provisions on the Community trademark and 
the international registration of trademarks.  
The provisions on goods laid down in this act also apply to services.  
Section 2  
A trademark can be any distinctive mark that is used in the course of trade and can be 
represented graphically.  
Section 3  
A mark is deemed to be distinctive if it can be used to distinguish goods from those of others 
in the course of trade. A mark denoting the kind, quality, quantity, purpose, price, or place or 
time of manufacture either exclusively or with only mino r modifications or additions cannot 
as such be deemed to be distinctive. When evaluating the distinctiveness of a mark, attention 
must be paid to all circumstances, particularly to how long and how broadly the mark has 
been used.  
Section 4  
An exclusive rig ht to a trademark can be obtained by registering it with the register of 
trademarks referred to in Chapter 2.  
Section 4a  
An exclusive right to a trademark can be obtained without registration, if the trademark has 
been established.  
 
An exclusive right can through establishment also be obtained to a mark other than one 
referred to in section 2 that is used in the course of trade.  
 
A trademark is deemed to have been established if it is commonly known as a distinct mark 
of the proprietor’s goods in the releva nt Finnish business or consumer circles.  
Section 5  
An exclusive right cannot be obtained to a mark that is solely formed by the characteristic 
shape of the goods, the shape of the goods necessary for achieving a technical result, or a 
shape that has essent ial effect on the value of the goods.  
Section 5a  The name or company name of another party may not be included in a trademark. Nor may 
the auxiliary company name or secondary symbol of another party be included in a 
trademark, unless they are devoid of dis tinctive character or are from different lines of 
business or of a different type of goods.  
Section 6  
With the exceptions laid down later, the exclusive right to a trademark includes that no -one 
other than the proprietor of the trademark may use the follow ing as a mark of their goods in 
the course of trade without the proprietor’s consent:  
1) a mark that is identical with the protected trademark for identical goods;  
2) a mark that, due to its identicalness with or similarity to the protected trademark for 
identical or similar goods causes a risk of confusion among the public, which also includes a 
risk of association between the mark and the trademark.  
 
If the trademark has a reputation in Finland, and the use of the mark without due cause would 
take unfair advantage of the distinctive character or the repute of the trademark, or be 
detrimental to the distinctive character or the repute of the trademark, no -one other than the 
proprietor of the exclusive right to the trademark may in the course of trade use a mark that is 
identical with or similar to the trademark with a reputation without the consent of the 
proprietor, even if the goods for which the mark is used are not identical or similar to those 
for which the trademark with a reputation is protected.  
 
The following are deemed to be usage in the course of trade:  
1) affixing the mark to the goods or to the packaging thereof;  
2) offering the goods or putting them on the market, or stocking them for those purposes, 
under the mark;  
3) importing or exporting the  goods under the mark, or importing the goods for transport to a 
third country;  
4) using the mark on business papers in marketing; and  
5) other corresponding use of the mark.  
Verbal usage is also deemed to be the usage of the mark in the course of trade re ferred to in 
subsection 3 above.  
Section 7  
An exclusive right to a trademark does not prevent another party from using any of the 
following in the course of trade in accordance with good business practices:  
1) one's own name, company name, auxiliary compan y name, secondary symbol or address;  
2) markings indicating the kind, quality, quantity, purpose, value, geographical origin, 
manufacturing time or other characteristics of the goods; and  
3) the trademark, if its use is necessary for indicating the purpose  of the goods.  
Section 8  
 
The proprietor of a trademark may prohibit the use of the trademark on goods that the 
proprietor or some other party with the proprietor’s consent has placed on the market in the 
European Economic Area using the trademark only if changes have been made to the goods or if they have been made worse after being placed on the market, or if the proprietor of the 
trademark has some other justified reason to prohibit the use of the trademark.  
Section 9  
If several parties demand exclusive rights to trademarks that are identical or similar in the 
manner referred to in section 6, the party able to invoke the earliest legal grounds has 
precedence, unless otherwise provided in section 10 or 10a.  
Section 10  
The exclusive right to a registered tr ademark is retained parallel to a trademark registered or 
established previously, if the registration was applied for in good faith, and the proprietor of 
the previously registered or established trademark has not taken action to prevent the use of 
the tra demark registered later although the proprietor has been aware of its use for a period of 
five years.  
 
If the trademark registered later has only been used on some of the goods for which it was 
registered, the exclusive right will only apply to the use of the trademark on the goods in 
question.  
Section 10a  
The exclusive right to an established trademark is retained parallel to a trademark registered 
or established previously, if the proprietor of the previously registered or established 
trademark has not taken action within a reasonable time to prevent the use of the trademark 
established later, and the trademark established later was adopted in good faith.  
If the trademark registered or established previously has a reputation in Finland, the 
reasonable ti me referred to in subsection 1 is considered to be five years from the proprietor 
of the previously registered or established trademark becoming aware of the use of the 
trademark established later.  
Section 11  
If found reasonable in cases referred to in paragraph 1 of section 7, or section 10 or 10a, the 
Market Court will order that one or both trademarks may be used only when formed in a 
specific way, by adding a place name or the proprietor’s name, or by limiting its use to 
specific goods or a certain a rea or in other such manner.  
Section 11a  
At the request of the proprietor of a registered trademark, the author, editor -in-charge and 
publisher of a dictionary, manual, textbook or other such print product is obligated to ensure 
that the trademark is not r eplicated in the publication without a notice of the trademark being 
registered. The provisions laid down above in this subsection also apply to the distribution of 
the publication via an information network or by other electronic means.  Whoever fails to c omply with the provisions of subsection 1 is obligated to ensure that a 
correction is published in a reasonable manner and extent, and to finance the publication of 
such correction.  
The notification obligation concerning the registration of a trademark ref erred to in 
subsection 1 can be considered to have been fulfilled when the ® symbol is inserted in 
connection with the trademark.  
Chapter II Registration of Trademarks  
Section 12  
A Register of Trademarks shall be kept by the Finnish Patent and Registration  Office.  
Section 13  
A mark that is not distinctive in accordance with section 3 or for which an exclusive right 
cannot be obtained under section 5 does not meet the conditions of registration.  
A trademark may not however be refused registration on the grou nds of lack of distinctive 
character, if the trademark has become distinctive through use prior to the date on which the 
application for registration was filed.  
Section 14  
A trademark is not registered, if:  
1) it is contrary to law and order or morality;  
2) it is liable to mislead the public;  
3) without proper permission, it includes state armorial bearings, a state flag or other state 
emblem; an official sign or hallmark, indicating control and warranty, for goods for which the 
mark is to be registered or for goods similar to them; the armorial bearings of a Finnish 
municipality, or the flag, armorial bearings or other emblem, name or abbreviation of an 
international intergovernmental organisation; or some other device, name or abbreviation, if 
its inclusio n in the trademark can cause a risk of the public confusing the trademark with said 
emblem, sign, hallmark, name or abbreviation;  
4) it is formed of something, or includes something, that is likely to give the impression that 
it is another party's protect ed company name or another party's auxiliary company name or 
secondary symbol of the kind referred to in section 5a, or the name or likeness of another 
person, unless the name or likeness is evidently that of someone deceased a long time ago;  
5) it is form ed of something, or includes something, that is likely to give the impression that 
it is the name of another’s protected literary or artistic work, if the name is of a special nature, 
or if it infringes another's copyright in a work or another's rights in a photograph or a 
protected design;  6) it causes a risk that the public confuses it with the name, protected company name or 
auxiliary company name of another trader in such a manner that the confusion could be 
invoked under section 5 of the Trade Names Ac t (128/1979);  
7) the proprietor of an earlier trademark possesses the exclusive right to using the mark as a 
sign of the goods in the course of trade;  
8) the trademark applicant has made the application for registration in bad faith;  
9) it causes a risk of  confusion with the name of a plant variety protected in Finland or in the 
European Union;  
10) there is an obstacle to the registration as referred to in Regulation (EU) No 1151/2012 of 
the European Parliament and of the Council on quality schemes for agri cultural products and 
foodstuffs; Regulation (EU) No 1308/2013 of the European Parliament and of the Council 
establishing a common organisation of the markets in agricultural products and repealing 
Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC)  No 1037/2001 and (EC) No 
1234/2007; Regulation (EC) No 110/2008 of the European Parliament and of the Council on 
the definition, description, presentation, labelling and the protection of geographical 
indications of spirit drinks and repealing Council Reg ulation (EEC) No 1576/89; or 
Regulation (EU) No 251/2014 of the European Parliament and of the Council on the 
definition, description, presentation, labelling and the protection of geographical indications 
of aromatised wine products and repealing Council Regulation (EEC) No 1601/91.  
An earlier trademark referred to above in paragraph 7 of subsection 1 means:  
1) a national trademark that was registered based on an earlier application, or that otherwise 
has earlier priority than the trademark applicant;   
2) a trademark that is protected by an international registration and is valid in Finland or in 
the European Union, and that based on this registration has an earlier right in Finland or the 
European Union than the trademark applicant;  
3) a Community trademar k referred to in section 57, registered based on an earlier application 
than the trademark application, or that has seniority from Finland under Article 34 or 35 of 
the Council Regulation mentioned in section 57;  
4) a trademark that is established when the  registration is applied for.  
In cases referred to in paragraphs 4 —8 of subsection 1, the trademark can be registered with 
the consent of the party whose right is in question, and there is, according to subsection 1, 
otherwise no obstacle to registration.  
Section 15  
The exclusive rights in a trademark acquired by registration do 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 un certainty regarding the extent of the exclusive rights granted, 
protection of the part may be specifically disclaimed when the registration is made.  
If a part of a trademark excluded from protection later becomes registrable, a new registration 
may be made  to cover that part or the entire trademark without the exclusion of the 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 Finnish Patent and Registrati on Office.  
Section 17  
The application for registration of a trademark shall be filed in writing with 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 shown 
in the application.  
A filing fee shall be paid on the filing of the application. The application shall not be 
considered filed until the fee has been paid.  
Section 17a  
If an application relates to several goods, pa rt of these may at the applicant's request be 
divided into one or more applications in a manner to be laid down more specifically by 
decree. The filing date of the original application shall be considered to be the filing date of 
these applications. If som e of the goods in the original application enjoy priority earlier than 
the filing date, the priority shall accompany the goods in the divisional application.  
The provisions of the first paragraph in respect of an application shall mutatis mutandis also 
apply to registration.  
Section 18  
If a trademark that the applicant first used on goods shown at an international exhibition is 
filed 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  
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; if he 
does not his application may be dismissed.  If the registerin g authority considers the application unacceptable even after the applicant has 
submitted a statement, the application shall be rejected to the extent there is an obstacle to its 
acceptance unless there is cause to set a new time limit.  
Section 20  
If the a pplication complies with the requirements to which it is subject, and if no obstacle to 
registration has emerged in connection with it, the registering authority shall enter the 
trademark in the register and give public notice thereof.  
Any opposition to th e 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 who filed the opposition withdraws it, the matter may nevertheless be 
examined if there are spec ial reasons for doing so.  
Section 21  
After an opposition, the registering authority shall revoke the registration to the extent there 
is an obstacle to registration. Once a decision to revoke a 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 on 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 or later than six months after it 
expires.  
Renewal shall be requested in writing from the registering authority if the proprietor wishes 
to alter any of the particulars entered in the Register, or if no entries have been made in the 
register concerning the classes to which the goods belong. In other cases registration shall be 
considered renewed once the renewal fee has been paid.  
The provisions of section 19 above shall apply as ap propriate to the prosecution of 
applications.  
Section 23  
If the proprietor of a registered trademark so requests, minor changes that do not alter the 
overall 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 request renewal of the registration under 
section 22, the trademark shall be removed from the Register.  
A trademark shall also be removed from the register whil e the registration is still valid if the 
proprietor so requests. If, according to an entry in the Register, the trademark is pledged, it 
may not be removed from the register without the consent of the pledgee.  
At the request of the proprietor of the tradem ark, the list of goods or of classes of goods for 
which the mark has been registered may be limited. The provision in the foregoing paragraph 
concerning the consent of the pledgee shall also apply.  
Section 25  
If a trademark has been registered in breach of  this act, the registration is invalid, subject to 
the circumstances referred to in section 10 or 10a or another change of circumstances.  
Section 26  
The exclusive rights in a trademark shall be invalidated:  
(1) if it is obvious that the mark has lost the p ower to distinguish its proprietor's goods from 
those of others that it had when it was registered or became established;  
(2) if the mark has become misleading or contrary to law and order or morality since it was 
registered or became established.  
A tradem ark registration shall be invalidated if the trademark has not been used for the last 
five years and the proprietor is unable to give a proper reason for the non -use. Use of a 
trademark with the proprietor's consent shall be considered equivalent to use by  the 
proprietor. Invalidation of a registration may not be sought, however, if the trademark has 
been used after the expiry of a five -year period of non -use but before the request for 
invalidation. In such case any use of the trademark that occurred during  the three months 
preceding the request for invalidation shall not be considered if the preparations for use 
commenced only after the proprietor became aware that a request for invalidation might be 
filed.  
If the ground for invalidation of a registration c oncerns only some of the goods for which the 
trademark has been registered, the registration will be invalidated only in respect of those 
goods.  
Section 27  
A court of law shall rule on whether to invalidate a registration and declare a trademark 
forfeit wh en a suit to that end is brought against the proprietor of the mark.  
A suit of the kind referred to in the foregoing paragraph may be brought by any person who 
has suffered a prejudice due to 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 en try 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 a trademark applicant 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 is domiciled, or 
of which he is a national.  
No certificate of the kind referred to in the foregoing paragraph shall be required if the 
foreign country does not require a similar statement from a person who is a Finnish national, 
or 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 the 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 
power.  
Notwithstanding the provisions of the foregoing paragraph, minor changes may be made on 
the basis of reciprocity when a foreign trademark is registered, provided that they do not alter 
the general impression of the trademark.  
Section 30  
The Government may decree that an application for registration of a trademark in Finland if 
the same trademark has previously been filed for registration abroad, shall at the applicant's 
request be considered, in relation to other applications or trade symbols in use, to hav e been 
made at the same time as the application filed abroad.  
Conditions governing the grant of priority under the foregoing paragraph may also be laid 
down by decree.  
Section 31  
An applicant for registration of a trademark not domiciled in Finland must ha ve a 
representative resident in the European Economic Area who is authorised to represent the 
applicant in matters concerning the application.  
 
A proprietor of a registered trademark who is not domiciled in Finland must have a 
representative resident in t he European Economic Area who is authorised to represent the 
proprietor in matters concerning the trademark, and is entitled to receive summons or other 
documents on behalf of the proprietor in matters concerning the trademark, except for summons in crimin al matters or orders to a party to appear in person before a court. The 
name of the representative shall be entered in the Register.  
 
If the applicant for registration of a trademark or the proprietor of a registered trademark does 
not have a duly authori sed representative, the registering authority shall, using their last 
known address, invite them to remedy the situation within a prescribed time limit, on pain of 
the application being considered withdrawn or the mark being removed from the Register. If 
the registering authority has no address for the applicant or the proprietor, a public notice has 
to be published in the Trademark Gazette.  
 
Any person not domiciled in Finland who has filed an opposition must have a representative 
resident in the European  Economic Area to represent them in the opposition proceedings.  
 
A corporate body domiciled in the European Economic Area may also act as a representative.  
Chapter V Assignment and Licensing  
Section 32  
A trademark may be transferred to another party; the transfer may relate to either all or some 
of the goods for which the trademark has been registered or has become established.  
When a firm holding a trademark passes into new ownership, the trademark shall accompany 
the property unless the condition has bee n 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  
The transfer of a registered trademark shall be recorded in the register on request. If the 
registering authority finds that use of a trademark after such transfer is clearly liable to 
mislead the public, permission to record the transfer in the register shall be withheld unless 
the misleading element is removed by means of a change or addition to t he trademark.  
A transfer not recorded in the register shall not affect a third party who has obtained the 
trademark in good faith.  
If any person wishes to pledge his trademark rights, a written agreement shall be made and 
entered in the register. No right of pledge shall be valid until such an entry has been made.  
Section 34  
The proprietor of a registered trademark may license another person to use it in his business 
without relinquishing property rights in the trademark. A license may concern the whole or 
part of the country, and it may cover either all or part of the goods protected by the 
registration. The number of licensees may be one or more. On request, such a license shall be entered in the register. The registering authority may refuse entry, howeve r, if use of the 
licensed trademark is clearly liable to mislead the public. When a license is proved to have 
expired, the entry shall be deleted from the Register.  
A license not entered in the register shall not affect a third party who has obtained the 
trademark in good faith.  
Unless otherwise agreed, the licensee may not transfer his rights to a third party.  
Section 35  
Trademark rights shall not be attachable for a debt unless a right of pledge has been 
established on it.  
If the assets of the proprietor of a trademark are surrendered in the event of bankruptcy, his 
trademark rights shall be included among those assets.  
Chapter VI Prohibition on the Use of Misleading Trade Symbols  
Section 36  
If a trade symbol that has been transferred or licensed becomes m isleading in the form in 
which it is used by the new proprietor or licensee, a court of law may, at its discretion, 
prohibit the new proprietor or licensee from using it.  
The use of the symbol may also be prohibited in other cases, namely if the trade symbol is 
misleading or if its proprietor, or another person with his consent, uses it in a manner liable to 
mislead the public.  
Action under this section may be brought by the Public Prosecutor, by any person who 
suffers a prejudice due to the use of the trade symbol, or by a body dedicated to safeguarding 
the interests of the persons carrying on the trade or profession concerned.  
Section 37  
If the use of a trade symbol is prohibited under section 36, the court may, where practicable, 
order that a trade sy mbol placed on goods, their packaging, brochures, leaflets, commercial 
documents or the like contrary to a prohibition under section 36 be erased or altered so as to 
be no longer misleading. If this cannot be done in any other way, the court shall order th at the 
material so marked be destroyed or changed in a specified manner.  
Material referred to in the above paragraph may be confiscated pending the implementation 
of the said order in which case the general regulations on confiscation in criminal cases sha ll 
apply.  
Chapter VII Consequences of Infringement of Trademark Rights  
Section 38  Anyone who infringes the right to a trade symbol may be prohibited by court order from 
proceeding with or repeating the act.  
Any person who deliberately or due to negligence  infringes the right to a trade symbol shall 
be obliged to pay the aggrieved party a reasonable compensation for the use of the symbol 
and a compensation for all the damage caused by the infringement. If the negligence has only 
been slight, the compensatio n for the damage may be adjusted.  
Even if no negligence is found, the infringer is obliged to pay a reasonable compensation for 
the use of the symbol.  
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 rights offense under Chapter 49, section 
2, of the Criminal Code of Finland, be sentenced to a fine for a violation of trademark rights.  
Prosecution for infringement under the foregoing paragraph shall n ot be brought by the 
Public Prosecutor except at the instigation 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  
A compensation and damages suit under section 38 may only be brought for the period of the 
last five years preceding the bringing of the action. The right to compensation and damages is 
lost if the action for it is not brought within the period stated abov e.  
Where a trademark protected by registration is concerned, compensation and damages may, 
despite the provisions of paragraph 1, be claimed on account of an infringement that has 
occurred before the date of registration, if the action is brought within a  year from the 
registration date.  
Section 41  
At the request of a person whose right to a trade symbol has been infringed, the court may 
order that, if practicable, a symbol placed on goods, their packaging, leaflets, commercial 
documents or the like withou t authorization shall be erased or altered in such a way as to 
ensure that it will no longer be misused. If this cannot be done in any other way, the court 
shall order that the material so marked be destroyed or changed in a specified manner. The 
court may  also, on request, order that the material be surrendered to the plaintiff against 
payment.  
Regardless of whether or not the infringement is deliberate, the Public Prosecutor or the court 
may order that the material referred to in the foregoing paragraph b e confiscated if the 
plaintiff so requests and, where considered necessary, gives acceptable security for any 
damage that the defendant may suffer as a result of the confiscation and for the costs occasioned by it; otherwise, in this case the general provi sions on confiscation in criminal 
cases shall apply.  
Section 41 a  
In a dispute that concerns an infringement of a trademark the court may, at the plaintiff’s 
demand, order the defendant to compensate the plaintiff for the cost occurred to him/her for 
publi shing, by suitable measures, information concerning the final decision in which the 
defendant is found to have infringed the trademark right. Such an order may not be given if 
the dissemination of the information is limited elsewhere in the law. In conside ring the 
issuance and contents of the order, the court must pay attention to the general significance of 
the publication of the issue, the kind and scope of the infringement, the costs involved in the 
publishing process and other corresponding facts.  
The court lays down a maximum amount for the reasonable publishing cost to be paid by the 
defendant. The plaintiff is not entitled to the compensation if information about the decision 
has not been published within a period laid down by the court counted from the date when the 
final decision was issued.  
Chapter VIII Litigation Concerning Trademarks  
Section 42  
Disputes and application cases under this Act are heard by the Market Court.  
The Market Court shall serve as the Community trademark court according to t he Council 
Regulation referred to in section 57(1) below.  
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 43  
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; and charges of 
violation of a trademark, as referred to in section 39(1) of this Act, are heard by the Hel sinki 
District Court.  
Claims for compensation under section 38(2) and (3) or claims under section 41, 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 provisi ons of section 42.  
The court remains competent to examine a claim referred to in subsection 2 even if the 
circumstances on which its competence is based change after the claim is being made.  
Section 43 a  
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 statement, apply to the right of the court hearing a case referred to in section 43 above, to request a statement from the registering 
authority.  
Section 43 b  
When hearing a case referred to in section 43, the District Court may be assisted by a 
maximum of two expert members referred to in chapter 17, section 10(2) of the Court Act 
(673/2016 ).  
 
The experts must give their statement in writing on the matters sub mitted to them by the 
District Court. The experts are entitled to question the parties and the witnesses. 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 44  
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 i ts decisions, apply to the obligation 
of the court hearing a case referred to in section 43 above, to notify the registering authority 
of a decision.  
Section 45  
If a person has been granted the sole right to use a registered trademark in Finland and an 
entry regarding the license has been made in the Register, either the proprietor of the mark or 
the licensee, or both, may be recognized as plaintiffs in actions concerning the infringement 
of trademark rights.  
Section 45(2) has been repealed by Act 31.1.201 3/107.  
This section shall apply equally if the proprietor has reserved the right of parallel use on 
granting an exclusive license to another.  
Section 46  
An action to determine whether or not a right to a trade symbol exists, or whether or not a 
particular act infringes that right, may be taken for consideration by the court where there is 
uncertainty that is detrimental to the plaintiff.  
In such cases, section 45 shall apply as appropriate.  
Section 47  An action for invalidation of a trademark registration m ay continue against the original 
defendant in the event of the trademark being assigned to another after legal proceedings 
have 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 an 
action seeking to have a trademark declared forfeit.  
Section 48  
Section 48 has been repealed by Act 31.1.2013/107.  
Section 48 a  
When hearing an action referred to in section 38(1) the court may at the trad emark holder’s 
request prohibit the keeper of a transmitter, server or other similar device or other service 
provider acting as an intermediary, under penalty of a fine, from continuing the use alleged to 
infringe the trademark (injunction order) unless it  can be considered disproportionate in view 
of the rights of the alleged infringer of the trademark or in view of the rights of the 
intermediary or trademark holder.  
Before the bringing of an action referred to in section 38(1), the court may, at the trad emark 
holder’s request, issue an injunction if the preconditions for it set out in subsection 1 exist 
and if it is obvious that the trademark holder’s rights otherwise would be seriously 
endangered. The court must provide both for the party against whom th e injunction is sought 
and for the party who is claimed to infringe the right to a trade symbol an opportunity to be 
heard. Communications to the party against whom the injunction has been sought may be 
delivered by mail, facsimile or email.  
The court may,  on request, issue the injunction referred to in paragraph 2 as an interlocutory 
injunction without hearing the alleged infringer, if the urgency of the case of necessity 
requires that. The injunction remains in force until ordered otherwise. After the inj unction is 
issued, the alleged infringer must without delay be provided an opportunity to be heard. 
When the alleged infringer has been heard, the court must decide without delay whether to 
keep the injunction in force or withdraw it.  
An injunction issued  under this section must not endanger the right of a third party to send 
and receive messages. The injunction comes into force when the applicant lodges with the 
bailiff security referred to in Chapter 8, section 2, of the Enforcement Code (705/2007). The 
provisions of Chapter 7, section 7, of the Code of Judicial Procedure apply to the possibility 
to be released from lodging security. An injunction issued under subsection 2 or 3 above 
lapses if the action referred to in section 38(1) is not brought before a court within a month 
from the issuance of the injunction.  
The party who has demanded the injunction must compensate the party against whom the 
injunction is issued as well as the alleged infringer for the damage caused by the 
implementation of the injun ction and for any other cost resulting from the case, if the action 
referred to in section 38(1) is rejected or ruled inadmissible, or if the processing of the case is 
removed from the cause list because the plaintiff has abandoned his action or failed to arrive 
to the court. The same applies if the injunction is withdrawn under paragraph 3 or lapses under paragraph 4. When an action is brought for compensation for damage and cost, the 
provisions of Chapter 7, section 12, of the Code of Judicial Procedure a pply.  
Section 49  
Section 49 has been repealed by Act 31.1.2013/107.  
Chapter IX Public Notices, Notifications, Appeals and Revocation of Decisions  
Section 50  
As well as in the cases referred to in section 20 and 21, public notice shall be given when a 
registered trademark is modified under section 23, when a register entry is removed under 
sections 24 to 26, 31 or 52, or when an assignment under section 33 or a license granted 
under section 34 is recorded in the register.  
Section 50a  
If it is not possib le to notify the applicant at the address given by him, notification may take 
place by public notice in the Trademark Gazette.  
Section 51  
An appeal against the final decision of the registering authority in a trademark case may be 
made by the applicant if the decision was unfavourable to him or if the case was dismissed. 
An appeal against a final decision taken by the registering authority concerning an opposition 
filed against the registration may be lodged by the losing party.  
Section 51a  
Provisions on a ppeals against a decision of the Finnish Patent and Registration Office in a 
trademark matter are laid down in section 6 of the Act on the Finnish Patent and Registration 
Office (578/2013).  
Section 52  
If the registering authority receives notice of an inte rnational registration from the 
International Bureau referred to in section 53, and if in that registration the date on which the 
protection begins is earlier than the date on which the protection accorded by the Finnish 
registration of the same trademark begins and the goods covered by the international 
registration are wholly or partly the same as in the Finnish registration, the registering 
authority shall revoke its decision concerning the Finnish registration and take a new decision 
on the matter.  
The provisions of paragraph 1 shall by analogy be applied if the registering authority receives 
from the Community Trade Mark Office referred to in section 57 notice of an application for 
a Community trade mark or of an application within the meaning of sectio n 57a for the 
registration of a trademark in Finland.  If the registering authority finds, after its decision to grant a registration and before the period 
for filing oppositions has expired, that the decision to grant the registration is based on an 
obviou s error in processing, the registering authority may revoke its incorrect decision and 
take a new decision on the matter.  
Chapter X International Registration of Trademarks  
Section 53  
International trademark registration means the registration of a tradema rk effected by the 
International Bureau of the World Intellectual Property Organization in accordance with the 
Protocol of June 27, 1989, Relating to the Madrid Agreement Concerning the International 
Registration of Marks concluded on April 14, 1891.  
The F innish Patent and Registration Office shall be responsible in Finland for all action 
relating to international registrations, and shall keep a record of international registrations in 
force in Finland.  
Section 54  
If a Finnish national or any person domicil ed or having a real and effective industrial or 
commercial establishment in Finland wishes to apply for an international registration based 
on a valid registration or pending application in Finland, he shall file an application for 
international registrati on with the Finnish Patent and Registration Office.  
If the basis for an application for international registration is a Community trade mark 
referred to in section 57 or an application therefor, the application for an international 
registration shall be f iled with the Community Trade Mark Office.  
Section 55  
An international application shall be filed in writing in accordance with separate provisions. 
The prescribed fee shall be paid on the filing of the application.  
Section 56  
The registering authority s hall satisfy itself that the application for international registration 
corresponds to the registration that the applicant has been granted in Finland or to his pending 
application in Finland.  
If the correspondence referred to in the foregoing paragraph do es not exist, the registering 
authority shall call upon the applicant to rectify the international application within a 
specified time limit, on pain of the application being dismissed.  
If the correspondence referred to in the foregoing paragraph does exis t, the registering 
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 elapsed from the filing date 
of the application.  Section 56a  
When the registering authority receives a notification of an international registration having 
effect in Finland from the International Bureau, it shall examine whether there is any obstacle 
to the registration.  
Section 56b  
If the registering authority finds that a  trademark filed for international registration does not 
comply with the conditions of registration laid down in this Act, it shall notify the 
International Bureau that the international registration has no effect in Finland. The 
registering authority shal l 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 the 
International Bureau notification referred to in section 56a.  
If the statement issued by the proprie tor of an international registration commenting on the 
notification by the registering authority referred to in the foregoing paragraph does not 
present any grounds on which the trademark could be deemed to comply with the conditions 
of registration laid d own in this Act, the registering authority shall rule that the international 
registration has no or only a partial effect in Finland.  
If the proprietor of an international registration has not within the given time limit submitted 
his statement commenting  on the registering authority's notification referred to in paragraph 
1, the international registration shall not take effect in Finland. If the said notification only 
concerned some of the goods in the international registration, the international registr ation 
shall take effect in Finland in respect of those of the goods that the notification did not 
concern.  
Section 56c  
If no obstacle to registration is found, the registering authority shall give public notice of the 
International Bureau notification refe rred to in section 56a as laid down in the first paragraph 
of section 20. The public notice shall specify the date accorded to the international 
registration by the International Bureau.  
Any opposition to an international registration in Finland shall be f iled in writing with the 
registering authority within two months of the date of the public notice.  
Section 56d  
The Finnish Patent and Registration Office sends a notification of an opposition referred to in 
section 56c, and grounds of it, to the Internati onal Bureau referred to in section 53. 
Regardless of whether the proprietor of the international registration has given a statement 
due to the notification, the Finnish Patent and Registration Office must examine the 
opposition.  
Due to the opposition, the Finnish Patent and Registration Office must make a decision that 
the international registration has no effect in Finland, if the registration does not meet the 
conditions of registration under this act. If the registration meets the conditions of registrat ion under this act only in part, the Finnish Patent and Registration Office must make a decision 
that the registration has effect only in part. The Finnish Patent and Registration Office must 
reject the opposition, if there is no obstacle to the internatio nal registration in Finland.  
If the Finnish Patent and Registration Office decides that the international registration has no 
effect in Finland or has effect only in part, it makes an entry of this in the record referred to in 
section 53(2) and gives publi c notice of the decision once it has become final.  
Section 56e  
An international trademark registration having effect in Finland shall be in force as from the 
date accorded by the International Bureau under the first paragraph of section 56c. Provisions 
laid down in and under this Act shall apply mutatis mutandis 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 Finnish Patent and Registration Office, the proprietor must appoint 
a representative resident in the European Economic Area. A corporate body domiciled in the 
European Economic Area may also act as a representative.  
Section 56g  
If the proprietor of a trademark registered in Finland has b een 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 all the goods covered by the 
Finnish registration are included in the lis t of goods covered by the international registration.  
The registering 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 removed from the International Register, the registering 
authority shall remove the corresponding parts thereof from the register that it keeps and give 
public notice of the fact.  
Section 56i  
If an international registratio n valid in Finland ceases to have effect within five years from 
the date referred to in the first paragraph of section 56c on account of the validity of the 
national registration or pendency of the national application on which the international 
registrati on is based having ceased, and the proprietor of the trademark seeks registration for 
the same trademark in Finland, that application shall be considered to have been filed on the 
date referred to in the first paragraph of section 56c provided that:  
(1) th e 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 having effect i Finland; (3) the application compli es in other respects with the requirements laid down for registration and the applicant pays the 
prescribed fees.  
The registering authority shall make an entry in the register stating 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 files the same trademark for registration in Finland, his 
application shall be considered to have been made on the date referred to in the first 
paragraph of section 56c provided that:  
(1) the application is filed within two years of the date on which the notice of termination 
came into force; (2) the goods covered by the Finnish application were included in the 
international registration valid in Finland; (3) the application complies in other respects with 
the requirements laid down for r egistration and the applicant pays the prescribed fees.  
The registering authority shall make an entry in the register stating that the Finnish 
application is based on the international registration and give public notice of the fact.  
Section 56k  
Public not ice shall be given of renewals, transfers, and removals from the register of 
international registrations and of licenses that concern international registrations and have 
been notified to the registering authority.  
Section 56l  
An appeal against a decision by the registering authority may be lodged by the applicant for 
or proprietor of an international registration who has sought such registration in Finland if the 
decision has been unfavorable to him or if the case has been dismissed.  
An appeal against a de cision declaring an international registration effective in Finland, 
despite an opposition filed, may be lodged by the person who filed the opposition.  
Section 51a shall apply as appropriate to appeals under the foregoing two paragraphs.  
Chapter Xa Communi ty Trade Mark  
Section 57  
Community trade mark  means a trademark registered by the Office for Harmonization in the 
Internal Market (trademarks and designs) operating in the internal market of the European 
Union, hereinafter referred to as Community Trade Mark Office , under Council Regulation 
(EC) No 207/2009 on the Community Trade Mark.  An application for a Community trade mark may be filed with the Finnish Patent and 
Registration Office, which shall forward it to the Community Trade Mark Office. The 
presc ribed fee for the application shall be payable to the Finnish Patent and Registration 
Office.  
Section 57 a  
A request which concerns the conversion of a Community trade mark, an application therefor 
or an international registration designating the European Community into an application for a 
national trademark and which the Community Trade Mark Office has forwarded to the office, 
shall be treated as a national application provided that the applicant:  
pays the prescribed fees; (2) submits the registering auth ority a translation in Finnish or 
Swedish of the conversion request and the accompanying annex filed in a foreign language; 
(3) gives the address at which the applicant can be reached in Finland; and (4) provides a 
representation of the trademark.  
An appli cation based on conversion of a Community trade mark or an application therefor is 
considered to have the same filing date, priority and seniority from Finland as the 
Community trade mark or the application therefor. An application based on conversion of a n 
international registration designating the European Community has as its filing date the date 
of the international registration or that of a subsequent designation of the European 
Community, and it enjoys the priorities and seniorities of the internation al registration.  
Chapter XI Enforcement and Implementation of the Act  
Section 58  
Further provisions on applications for registration, the Trademark Register and its 
maintenance, public notices, and the tasks of the registering authority shall be given by 
government decree.  
Further technical regulations may be drawn up by the registering authority regarding 
applications for registration and their processing, registered trademarks, the Trademark 
Register, public notices, and other similar technical matters.  
Fees to be collected under this Act shall be prescribed separately.  
Section 59  
This Act shall enter into force on June 1, 1964. The following shall be repealed at that time: 
The Decree on the Protection of Trademarks of February 11, 1889; Chapter XXXVI, sec tion 
13, of the Criminal Code of Finland; 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 
determined in accordanc e with the earlier provisions.  The right to a trademark may be invalidated under section 26 even where it was granted or 
became established before the entry into force of this Act. Pending applications for 
registration shall be governed by this Act.  
Sectio n 61 
In the case of trademarks registered earlier, the period of five years provided for in section 8 
shall be calculated as from the date of entry into force of this Act.  
Section 62  
The provisions of section 40 regarding the period during which damages are to be claimed 
shall apply equally if the act for which compensation is payable was committed before the 
entry into force of this Act; if, however, the period of three years referred to in the said 
section began before the date of entry into force of th is Act, it shall be counted as having 
begun on that date.  
Section 63  
When the registration of an earlier -registered trademark is first renewed after the entry into 
force of this Act, the registration period based on that renewal shall be regarded as ending  on 
the date corresponding to the original registration date, even if the registration period 
according to an earlier renewal is calculated differently.  
On renewal of registration, the list of classes of goods shall be amended so that it conforms to 
any ch anges that have been made in the classification.  
Section 64  
A trademark registration that was renewable without an application under the earlier 
provisions shall henceforth be renewed in accordance with the renewal provisions contained 
in this Act. If no a pplication for renewal is filed within one year of the date on which this Act 
enters into force, the trademark shall be removed from the Register.