WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO 
IP/N/1/FIN/T/6 
20 February 2012 
 (12-0943) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
  
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
FINLAND 
  The present document reproduces the text
1 of the Trademark Decree, as notified by Finland 
on 10 February 2011 under Article 63.2 of th e Agreement (see document IP/N/1/FIN/3). 
 
 Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
  
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
FINLANDE 
  Le présent document contient le texte
1 du Décret sur les marques, notifié par la Finlande le 
10 février 2011 au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/FIN/3). 
 
 Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
FINLANDIA 
 
 En el presente documento se reproduce el texto
1 del Decreto sobre Marcas de Fábrica o de 
Comercio, notificado por Finlandia el 10 de febrer o de 2011 en virtud del párrafo 2 del artículo 63 del 
Acuerdo (véase el documento IP/N/1/FIN/3). 
                                                      
1 In English only./En anglais seulement./En inglés solamente.  IP/N/1/FIN/T/6 
 Page 3 
 
 
   
    
 
    
 
  
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS 
AND REGULATIONS 
(in English) 
   
Unofficial translations 
 
 
  
TRADEMARKS 
  IP/N/1/FIN/T/6 
 Page 5 
 
 
  TRADEMARK DECREE 
 (Unofficial translation) 
 
(No. 296 of May 29, 1964, as amended by De crees No. 271 of March 26, 1976, No. 943 of 
December 3, 1976, No. 209 of February 23, 1979, No. 133 of February 13, 1981, No. 997 of 
December 16, 1983, No. 258 of March 20, 1992, No. 1702 of December 22, 1995, No. 188 of March 22, 1996 and No. 370 of April 13, 2000)   
Chapter I  
The Trademark Register 
 Section 1 
Repealed by Decree No. 258/92 of March 20, 1992. 
 Section 2 
The National Board of Patents and Registration of Fi nland shall enter a trademark into the Trademark 
Register once the mark has been registered. The following particulars shall be registered: 
1) the number and filing date or the date deemed to  be the filing date of the trademark application; 
2) the registration number and the date of registration; 3) the name or trade name and the domicile of the proprietor; 
4) the classes of goods or services and the goods or services covered by the registration; 
5) a note concerning a collective mark, where applicable; 6) an indication of the fact that the registration has no legal effect; 7) an entry under Section 56g, paragraph 2, of the Trademarks Act (7/1964);  8) an entry concerning a measure pursuant to Section 56i, paragraph 2, Section 56j, paragraph 2, or 
Section 57a of the Trademarks Act;  
9) an entry concerning a measure pursuant to Section 52 of the Trademarks Act; 10) an entry concerning the fact that the registration or an application therefor has been divided from an earlier application or registration and the numbe r of the earlier application or registration.  
 Exclusion from protection referred to in Section 15 of  the Trademarks Act (disclaimer) and a right of 
priority referred to in Section 18 and 30 of the sa me law shall also be recorded in the Register. 
Similarly, an entry shall be made of the colours of the mark and, at the discretion of the authority, of other description of the trademark.  If the proprietor of the trademark is  not domiciled in Finland, the representative of the proprietor shall 
be entered in the Register. The representative shall be recorded also in other cases where considered 
appropriate by the registering authority.  
Section 3 
An application for renewal of regist ration shall be recorded in the Register without delay by indicating 
the filing date. Once a decision has been taken on the case, the decision shall be entered in the 
Register. If the renewal of the trademark is granted for another party than the person last entered in 
the Register as the proprietor, particulars concerni ng the new proprietor shall be recorded at the same 
time.  When a registration, under paragra ph 4 of Section 22 of the Trademar ks Act, is renewed by paying a 
renewal fee, an entry of the renewal shall be made in the Register.  
 If an application referred to in Section 17a of the Trademarks Act for division of a registration has 
been filed, an entry of the fact shall promptly be made in the Register. Once the matter has been 
decided on, the decision shall be entered in the Register. IP/N/1/FIN/T/6 
Page 6  
 
   
Section 4 
When a trademark is deleted from the Register under Sections 24 to 26 or Section 31 of the 
Trademarks Act, the date of and reason for th e measure shall be recorded in the Register. 
 Section 5 
Once a request is made under Section 33 or 34 of the Trademarks Act that the assignment of a 
trademark or the grant of a license be recorded in th e Register, an entry of the fact shall without delay 
be made in the Register. Once the registering aut hority has taken a decision on the case, the decision 
shall be entered in the Register. If the request is gran ted, an entry shall be made of the name or trade 
name and the domicile of the new proprietor or of the licensee and of the date of the assignment or 
license agreement. In respect of lic ense agreements, the registering authority shall, according to its 
discretion in each separate case, record the restricti ons on the rights of the license holder stated in the 
license agreement.   
A request for entry in the Register of a mortgage  agreement under Section 33, paragraph 3, of the 
Trademarks Act shall be recorded in the Register  and a decision taken without delay on the case. The 
decision and the date thereof shall be recorded in the Register and, if the request is granted, also the 
name or trade name and the domicile of the mortga ge holder as well as the date of the mortgage 
agreement and the date at which th e mortgage right was established. 
 
When it is shown that a license or mortgage right has e xpired, an entry of the fact shall be recorded in 
the Register with indication of the date of and reason for the measure.   An entry shall also be made in the Register of an  assignment of a trademark to another party in other 
case than the one referred to in paragraph 1. 
 
Section 6 
Entries shall also be made in the Register of d ecisions and measures other than those referred to in 
Sections 2 to 5 taken by the National Board of Pa tents and Registration in respect of a registered 
trademark as well as of court decisions communicated to the registering authority in trademark cases other than the one referred to in Section 4, if the d ecision, measure or court decision directly relates to 
the Trademark Register. 
 
Section 6a 
A copy shall be given to the applicant of register en tries other than those referred to in paragraph 2 of 
Section 3 as a document of the registration. 
 
Chapter II 
Applications in trademark matters  Section 7 
An application in a trademark matter shall be file d in writing and be signed by the applicant or his 
representative. A certified translation into Finnish or  Swedish shall be submitted to the registering 
authority of an accompanying document in a foreign language constituting part of the application, if 
the authority so demands.  
Section 8 
When registration is sought, a separate application shall be filed in respect of each trademark. The 
same procedure shall be followed if an application concerns other measures to be taken in respect of a 
trademark.   IP/N/1/FIN/T/6 
 Page 7 
 
 
  If the applicant wishes to extend the registration to c over goods of other art than those referred to in 
the application, he shall file a sep arate application to that effect. 
 
Section 9 
An application for trademark registration shall contain the following particulars: 1) the name or trade name and the domicile and address of the applicant; 
2) if the applicant has appointed a representative,  the representative's name, domicile and address; 
3) the trademark presented in the form of a figure,  words, letters or numerals, or as a graphical 
representation of the shape of the goods or their packing; and 4) an indication of the goods or services for which the registration of the mark is requested and an 
indication of the class in which the article or service,  according to the applican t, in each separate case 
is to be classified.  Paragraph 2 has been repealed by Decree No. 188/96.  
If the application concerns registration of a trademar k that consists of a figure or of a word, letter, 
numeral or combination thereof with special typogr aphy, the application shall be accompanied by ten 
copies of reproducible representations of the mark  copied on archive-quality paper, of a maximum 
size of 8 x 8 cm. If colour registration is applied for, the colours of the mark shall also be stated in the application.  
Paragraph 4 has been repealed by Decree No. 258/92. 
 If the applicant does not carry on a business in Finla nd, the application shall be accompanied by an 
extract from the Trade Register of his home state showing that he has had the trademark registered there for the goods that the application concerns in this country (certificate of registration in country 
of origin). Provisions concerning exemption gran ted to persons carrying on a business in certain 
countries from the obligation to present the certificate of registration in country of origin are laid down in the Trademarks Act.  An application for registration of a collective ma rk shall also be accompanied by the documents 
referred to in Section 3 of the Act on Collective Marks. (795/80). 
 
Section 9a 
When an application is divided unde r Section 17a of the Trademarks Ac t the applicant shall file a new 
application in respect of the sa me mark into which part of the goods covered by the original 
application have been divided. In the same connec tion a list of the goods remaining with the original 
application (parent application) shall be submitted to  be annexed to the parent application. The new 
application shall state that it is divided from an ear lier application, and the new application shall be 
filed in compliance with the provisions of  Section 17 of the Trademarks Act. 
 
Section 10 
In matters concerning trademark registrations, the applicant shall, where the registering authority 
considers it necessary, submit a written description of or by technical means show what the mark is 
intended to represent and what, in the appli cant's mind, is characteristic of the mark. 
 If the application concerns registration of the shap e of goods or their packing, the applicant shall, 
where the registering authority considers it necessar y, submit specimens thereof to the authority. 
 
Section 11 
An opposition under Section 20, paragraph 2, or Sec tion 56c, paragraph 2, of  the Trademarks Act 
shall be filed in writing in two copies with the National Board of Patent s and Registration. An 
appendage to the opposition document shall also, where possible, be filed in two copies. A statement IP/N/1/FIN/T/6 
Page 8  
 
  of the grounds for the opposition shall be given, and the opposition shall specify the goods or services 
that it concerns.   The provisions of paragraph 1 correspondingly apply to an explanation or a statement given on 
account of an opposition. 
 
Section 12 
An application for renewal of registrati on shall contain the following particulars: 
 1) the name or trade name and the domicile and address of the applicant; 
2) the name, domicile and address of a new representative; 
3) an indication of the restriction on the scope of pr otection that the applicant desires to be effected, 
and in such a case, of the goods or services and clas ses that the registration according to the applicant 
thereafter would concern; and  4) an indication of the class in which, according to th e applicant, the article or service in each specific 
case is to be classified, providing that this h as not already been entered in the Register. 
 Where the registration is under Section 22, paragraph 4, of the Trademarks Act renewed by paying a 
renewal fee, the registration number and the name and address of the payer are to be indicated.  
 
Section 13 
An application under Section 23 of the Trademar ks Act concerning alteration of a registered 
trademark shall contain the following particulars:   1) the name or trade name and the domicile and address of the applicant; 2) the name, domicile and address of a new representative; and 
3) a clear indication of the alteration that the applicant wishes to be done. 
 If the applicant is other than the person entered as the proprietor of the mark in the Register, the 
application shall be accompanied by a document provi ding proof of the applicant's entitlement to the 
mark.  
The application shall be accompanied by the represen tations or colour representations of the mark 
referred to in Section 9.   
Section 14 
An application concerning recording in the Trademark Register of an assignment or other transfer of a registered trademark shall contain the same par ticulars of the applicant as those referred to in 
Section 9, paragraph 1. If the particulars are furnis hed by a person other than the new proprietor of the 
trademark, an indication of the consent of the propr ietor to the measure requested shall be included in 
the application documents.  The application shall be accompanied by: 
 
1) a document showing that the trademark has been  assigned and containing a statement of the goods 
or services that the assignment of the trademark c oncerns where the assignment does not concern the 
registration as a whole; and 2) a proper certificate of registration in country of  origin, where appropriate under Section 28 of the 
Trademarks Act. 
 
Section 15 
An application for registration of a license conc erning a trademark can be filed by either the 
proprietor of the trademark or the licensee. The app lication shall contain an indication of the name or  IP/N/1/FIN/T/6 
 Page 9 
 
 
  trade name, domicile and address of the licensee, the date of the licencing agreement and also an 
indication of any restrictions on the rights of the licensee that may have been agreed on. The licensing 
agreement shall accompany the application.   
Section 16 
An application for entry in the Register of a mort gage agreement shall contain an indication of the 
name or trade name, domicile and address of the mortgage holder and the date of the mortgage 
agreement. The mortgage agreemen t shall accompany the application. 
 
Chapter III 
Procedure in matters concerning registration  
 Section 17 
If trademark registration has been applied for in a fo reign State that is party to the Paris Convention 
for the Protection of Industrial Property (Finnish Treaty Series 43/75) or to the Agreement 
Establishing the World Trade Organization (Finnish Tr eaty Series 5/95) and if registration of the mark 
is applied for in Finland within six months of the filing of the application in that foreign State, the 
application filed in Finland shall be considered, in relation to other applications as well as to the 
bringing into use of other trade symbols, to have been made at the same time as the application was 
filed in the foreign State. This provision also appli es if trademark registration has been applied for in 
such application filed outside Finland as the regist ering authority for special reasons considers equal 
to an application filed in a Contracting State. 
 To obtain a right of priority referred to in para graph 1, the applicant shall claim it in a written 
statement within one month of the date of filing the application in Finland and at the same time 
indicate where and when the application the priority of which is claimed has been filed, and, as soon 
as possible, the number of that application. If the priority does not concern all goods or services, the 
goods or services it concerns shall also be specified.  
Section 17a 
The registering authority may for special reasons by  official action invite the applicant within a 
specified time limit, in order to prove the right of priority claimed, to submit to the authority a 
certification of the filing date of the application the pr iority of which is claimed and of the name of the 
applicant, as well as a copy of the application and the trademark it concerns. The certification shall be 
issued by the authority that has r eceived the application the priority of which is claimed and the copy 
be certified by the same authority. The time limit referred to above shall not  be ordered to expire 
before three months have passed from the filing of the application in Finland.  
Failure to comply with an official action referred to  in paragraph 1 shall result in loss of the right of 
priority.  
Section 17b 
The right of priority in respect of each article or service can only be granted on the basis of the first 
application for trademark regist ration filed outside Finland. 
 
Section 17c 
A priority claim under Section 18 of the Trademarks Act shall be filed within the time limit laid down 
in paragraph 2 of Section 17. The applicant shall, wh ere necessary, provide proof to the effect that the 
exhibition is to be d eemed international. 
 
Section 18 
Where an opposition under Section 20, paragraph 2, or Section 56c, paragraph 2, of the Trademarks 
Act is filed against a registration and the opposition is  not manifestly ungrounded, the proprietor of 
the registration shall be invited to submit hi s statement within a specified time limit. IP/N/1/FIN/T/6 
Page 10  
 
   
Section 19 
In cases concerning deletion from the Register of a trademark and in matters concerning registration 
referred to in Sections 23, 33 and 34 of the Tradem arks Act, the same procedure shall be applied as is 
laid down in Section 19 of the same Act in resp ect of the processing of registration applications. 
 
If the proprietor of a trademark requests that the tr ademark be deleted, and an entry on a licence has 
been recorded in the Register, the licensee shall be  notified of the request, where necessary, and be 
given an opportunity to submit his statement.  Section 20 
The registering authority has an obligation to answer any inquiries by the public as to whether or not a 
particular word mark has been en tered into the Trademark Register. 
 
Chapter IV 
Notification  
 Section 21 
Public notices under the Trademarks Act shall be given in the Trademark Gazette published by the 
National Board of Patents and Registration.  
The application documents with all the appenda ges concerning a registration or the documents 
concerning an international registration shall be kept available for two months from the publication 
date of the public notice at the National Board of  Patents and Registration to anyone who wishes to 
obtain information on the registration.  Section 22 
A public notice under Section 20 of the Trademarks  Act shall contain the following particulars: 
 1) the date of publication, if a public notice of the application is given before registration;  
2) the number of the trademark application; 3) the registration number; 
4) the trademark; 
5) the filing date or the date that is deemed  to be the filing date of the application; 
6) the date of registration;  7) the name or trade name and domicile of the proprietor; 8) if the proprietor has appointed a repr esentative, the name of the representative; 
9) the classes of goods or services to be covered by the trademark right; 
10) a note concerning a collective mark;  11) where an application is under Section 56i, paragr aph 1, or Section 56j, paragraph 1, based on an 
international registration, the numbe r and date of that registration; 
12) if the application has been divided from an earlier application, the number of the parent application; 
13) if a new application has been divided from the application, the number of the divisional 
application; 14) the application number of the Community trad e mark application, if the application under 
Section 57a of the Trademarks Act is based on an application forwarded by the Community Trade Mark Office. 
 
The public notice shall furthermore contain a list of the colours in the mark and, at the registering 
authority's discretion, other description of the mark, as well as a mention of a disclaimer and a right of priority referred to in Section 2, paragraph 2.    IP/N/1/FIN/T/6 
 Page 11 
 
 
  The public notice shall inform of the possibility to file an opposition agains t the registration under 
Section 20, paragraph 2, of the Trademarks Act.  
Section 22a 
A public notice under Section 56c of the Trademarks  Act shall contain the following particulars: 
 
1) the date of publication; 2) the number of the international registration; 3) the trademark; 4) the date of the international registration;  
5) the name or trade name and domicile of the proprietor; 
6) if the proprietor has appointed a repr esentative, the name of the representative; 
7) the classes of goods or services to be covered by the trademark right; and 8) a note concerning a collective mark.  
Furthermore, the public notice shall contain, if the mark  is in colour, a mention of that fact and, at the 
registering authority's discretion, other description of the mark, as well as a mention of a disclaimer or a right of priority.   The public notice shall inform of the possibility to file an opposition against the international 
registration under Section 56c, paragr aph 2, of the Trademarks Act. 
 
Section 23 
A public notice under Section 21, paragraph 1, and S ection 56d, paragraph 3, of the Trademarks Act 
shall contain the registration number and the name or trade name of the proprietor. 
 Section 24 
The registration number shall be indicated in a pub lic notice under Section 24 and Section 56h of the 
Trademarks Act concerning deletion from the Register  and restriction of the scope of protection of a 
trademark, and in a public notice under Section 56k of the Trademarks Act concerning renewal of registration.  Section 25 
A public notice under Section 33, paragraph 1, Sec tion 34, paragraph 1, and Section 56k of the 
Trademarks Act concerning a transfer of a trademar k and registration of or notification concerning a 
license shall state the registration number, the name or trade name and domicile of the new proprietor 
or the licensee and any other particulars consid ered necessary by the registering authority. 
 
Section 26 
A public notice concerning an alteration in a trad emark shall indicate the registration number, the 
trademark as altered, and the name or tr ade name and domicile of the proprietor.  
 
Section 26a 
A public notice under Section 56g, paragraph 2, of the Trademarks Act shall state the number of the 
Finnish registration that has been replaced and th e number of the valid in ternational registration. 
 
Chapter V 
 Sections 27 and 27a have been repealed by Decree 943/76 of December 3, 1976 
 IP/N/1/FIN/T/6 
Page 12  
 
  Chapter VI 
Special provisions  Section 28 
This Decree shall enter into force on June 1, 1964. The following are hereby repealed:  
 
the Decree issued on September 30, 1921 (230/21) containing amended provi sions on protection of 
certain foreign patents and trademarks , if it continues to be in force; 
 the Decree issued on July 15, 1963 (383/63) on Fees  Payable in Patent and Trademark Matters, if it 
contains provisions on fees paya ble in trademark matters; and 
 the Declaration on the Protection of Trademarks issued on April 4, 1889.  
Section 29 
Before a public notice under Section 20 of the Tradem arks Act is given in respect of an application 
for trademark registration that has been filed but on which no decision has been taken before 
June 1, 1964, the applicant shall pay the fees refe rred to in Section 27. The amount of the fee is 
determined by the number of the classes covered by the application at the time of publication. The 
amount that the applicant has earlier paid as registrati on fee shall be subtracted from the amount of the 
fee. Where an application of this kind at the time of giving public notice does not cover goods in more 
than three classes, no other fees shall be collected from the applicant beyond the registration fee he 
has paid.  Where an application filed before June 1, 1964 is refused, dismissed or withdrawn, half of the amount 
of the registration fee paid shall be returned to the applicant.  
 
Section 30 
If an application for renewal of such trademark re gistration whose term of registration has expired 
before said date is pending on June 1, 1964, no furthe r fee shall be collected from the applicant who 
already has in the prescribed order paid the fees under the Decree on Fees Payable in Patent and 
Trademark Matters. In other cases fees shall be coll ected in accordance with the provisions of this 
Decree for renewal applications  pending on June 1, 1964. 
 
Section 31 
The registering authority shall lay down more detail ed provisions on registration applications and the 
processing thereof, matters concerning registered trademarks, the Trademark Register and public 
notices to be given in trademark matters.  
  
__________