WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO 
IP/N/1/FIN/T/5 
20 February 2012 
 (12-0989) 
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 Act, 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 de la Loi sur les marques, notifiée 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 de la Ley de Marcas de Fábrica o de 
Comercio, notificada 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/5 
 Page 3 
 
 
   
    
 
    
 
  
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS 
AND REGULATIONS 
(in English) 
   
Unofficial translations 
 
 
  
TRADEMARKS 
   IP/N/1/FIN/T/5 
 Page 5 
 
 
   
TRADEMARK ACT (Unofficial translation) 
 
(No. 7 of January 10, 1964, as amended by Acts No. 552 of August 21, 1970, No. 176 of 
February 20, 1976, 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. 1699 of 
December 22, 1995, No. 1715 of December 22, 199 5 and No. 56 of January 21, 2000, No. 1220 of 
December 21, 2004, No. 680 of July 21, 2006)  
Chapter I General Provisions  
 
Section 1 
Registration shall confer exclusive rights in a tr ademark as a special symbol for distinguishing goods 
to be offered for sale, or otherwise pur veyed in business, from those of others. 
 
Any kind of mark that can be represented graphi cally and by means of which goods marketed in 
business can be distinguished from those of others ma y be a trademark. A trademark may in particular 
consist of words, including personal names, figures, letters, numerals or the shape of goods or of their 
packaging.  The provisions of this Act concerning goods shall apply by analogy to services. 
 
Section 2  
Exclusive rights in a trademark may be acquired, even  without registration, after the mark has become 
established.   
Exclusive rights in symbols other than the speci al business symbols defined in the second paragraph 
of Section 1 may also be acquired through their becoming established.  A trade symbol shall be considered established if it has become generally known in the appropriate 
business or consumer circles in Finland as a symbol specific to 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 that use is liable to cause confusion with  another's protected trademark, or with a name, 
address or trade name already being lawfully used by another in his business.  
The foregoing provision on trade names applies also  to the auxiliary trade name and secondary 
symbol referred to in the Trade Names Act.  The name or trade name of another may not be in cluded in a trademark; neither may the auxiliary 
trade name or secondary symbol of another be included in a trademark except where they lack distinguishing power or where the branches of trade or kinds of goods concerned are different. 
 
Section 4 
The effect of the rights in a trade symbol provided for in Section 1 to 3 of this Act is that no one other 
than the proprietor of the trade symbol may use in  his business any symbol liabl e to be confused with 
it for his goods, whether on the goods themselves or on their packaging, in advertising or commercial 
documents, or in any other way, including oral use.  This provision shall apply regardless of whether 
the goods are offered or intended to be offered for sa le in Finland or abroad, or are imported into the 
Finnish territory to be used, kept or stored for bus iness purposes or to be forwarded to a third country. 
 IP/N/1/FIN/T/5 
Page 6  
 
  Where spare parts, ac cessories or the like that ar e suitable for use with another's goods are offered for 
sale, it shall be unlawful to allude, in the manner specifi ed in the first paragraph of this Section, to the 
trade symbol of the other party in any way liabl e to create the impression that the goods offered for 
sale originate with the proprietor of the said trade sy mbol or that the proprietor has permitted the use 
of the trade symbol. 
 
If goods are offered for sale under a particular trade symbol, and if thereafter a person other than the 
proprietor of the trade symbol substantially alters  them by modification or repair or in another 
comparable manner, the trade symbol may not be used when the goods are once again offered for sale 
in Finland unless the alteration is clearly pointed out or announced, or is otherwise plainly apparent. 
 
Section 5 
The exclusive rights in a trade symbol shall not appl y to any part of it that is intended mainly to 
render the goods or their packaging more suitable for their purpose, or serves some other purpose 
different from that of a trade symbol. 
 
Section 6 
Trade symbols shall be regarded under this Act as liable to cause confusion only if they apply to 
goods of identical or similar type.  Notwithstanding the foregoing, the confusability of tr ade symbols may be judged in favor of a symbol 
that has a reputation in Finland where the use of another's trade symbol without due cause would 
constitute unfair exploitation of, or  action detrimental to, the distinctive character or fame of the 
earlier trade symbol.  The second paragraph of this Sec tion shall apply also to the auxiliary trade names and secondary 
symbols referred to in the third paragraph of Section 3. 
 
Section 7 
Where two or more parties demand exclusive right s under Section 1 or Section 2 in confusingly 
similar trade symbols, preference shall be given to  the party who can claim the earliest entitlement, 
subject to the provisions of Section 8 or 9 below. 
 
Section 8 
Even where a registered trademark that has been used in Finland fo r a period of five consecutive years 
is liable to be confused with a mark registered or established earlier the use of the later mark may not be prohibited provided that the application for re gistration was made in good faith and the proprietor 
of the earlier mark was aware of the use of the later mark for the said period. 
 
Section 9  
Where an established trademark is liable to be confused with another trademark registered or 
established earlier, but the proprietor of the earlier trademark has not acted within a reasonable period 
of time to prevent the use of the later trademark, 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 d ecided, where reasonable, that either or both of the 
trade symbols may only be used in a particular manne r — 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 apply also if there is a risk of confusion in a case provided for 
in the first or second paragraph of Section 3.   IP/N/1/FIN/T/5 
 Page 7 
 
 
  Section 10a 
The proprietor of a trademark may not prevent the use of the trademark on goods that the proprietor, 
or another person with his consent, has placed on th e market under his trademark within the territory 
of the European Economic Area.  
The foregoing paragraph shall not apply if the prop rietor has justified grounds for objecting to the 
goods being once again placed on the market, in particul ar if alterations have been made to the goods 
or if they have deteriorated after having been placed 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 other similar printe d or in a data network released publication shall 
ensure that the trademark is not reproduced in the publication without a mention that the trademark is 
registered.   
Any person who fails to observe th e foregoing paragraph shall ensure that a correction is published in 
the manner and to the extent considered reasonabl e, and shall bear the cost of publishing the 
correction.  
Chapter II Registration of Trademarks 
 
Section 12 
A Register of Trademarks shall be kept by the Na tional Board of Patents and Registration of Finland. 
 
Section 13 
To be eligible for registration, a trademark must  be capable of distinguishing its proprietor's goods 
from those of others. A mark that denotes either al one or with only few alterations or additions, the 
kind, quality, quantity, use, price or place or tim e of manufacture of the goods shall not, as such, be 
regarded as distinctive. Neither shall a mark be rega rded as distinctive, if it is solely composed of a 
form that is characteristic of the goods, necessary fo r achieving a technical result or that substantially 
increases the value of the goods. In assessing whethe r a trademark possesses distinguishing power, all 
the factual circumstances shall be borne in mind, pa rticularly 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 nati onal armorial bearings, a national flag or other 
emblem, a sign or hallmark indicati ng control and warranty used by the State for goods of the same 
type as those for which the trademark is sought or a similar type, the armorial bearings of a Finnish 
commune, or the flag, armorial bearings or ot her emblem, name or abbreviated name of an 
international organization or any device or emblem, name or abbreviated name liable to be confused 
with the symbols or emblems, marks, names or abbreviations referre d to in this item; 
(4) if it is composed of or contai ns anything likely to give the impression of being the protected trade 
name of another or the auxiliary trade name or seconda ry symbol of another as 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 relates to a person long dead; 
(5) if it is composed of or contains anything likely  to give the impression of being the title of another's 
protected literary or artistic work, such title bein g original in character, or if it constitutes an 
infringement of another's copyright in such a work or of his rights in a photographic illustration or a protected design; IP/N/1/FIN/T/5 
Page 8  
 
  (6) if it is liable to be confused with the name or  protected trade name of another trader, with an 
auxiliary trade name or secondary symbol of the ki nd referred to in the third paragraph of Section 3, 
with the trademark of another which has been register ed on the basis of an earlier application or with 
the trade symbol of another party that is already established when registration is sought; 
(7) if it is liable to be confused with a trade sym bol being used by another party for his goods at the 
time of the application, and if the applicant was awar e of that use at the time of his application and 
had not used his own mark before the other trade symbol came into use; (8) if it is liable to be confused with a trademark protected by an international registration valid in 
Finland or the European Community that on the basi s of this registration enjoys an earlier right in 
Finland or the European Community; 
(9) if it is liable to be confused with a Community trade mark within the meaning of Section 57 that 
has been registered on the basis of an earlier app lication or that has seniority from Finland under 
Article 34 or 35 of the Council Regul ation referred to in Section 57; 
10) if it is liable to be confused with a registered name of a plant variety; or 11) if there is an obstacle to registration within the meaning of Council Regulation (EEC) 
No. 2081/92 on the protection of geographical indicati ons and designations of origin for agricultural 
products and foodstuffs.  In the cases referred to in items (4) to (9), regist ration may be granted if the person whose right is 
concerned agrees thereto, and provided that the registration does not contra vene any of the other 
provisions of the first paragraph of this Section. 
 
Section 15 
The exclusive rights in a trademark acquired by regi stration do not cover any part of the mark that 
cannot be registered as such.  
If the trademark contains any such part and there ar e special reasons to believe that its registration 
may cause uncertainty regarding the extent of the ex clusive rights granted, protection of the part may 
be specifically disclaimed when the registration is made.  If a part of a trademark excluded from protection late r 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 cl asses of goods. The classification of goods shall be 
established by the National Board of Pa tents and Registration of Finland. 
 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 appli cation. The application shall not be considered filed 
until the fee has been paid. 
 
Section 17a 
If an application relates to several goods, part of th ese 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 some of the 
goods in the original application enjoy priority earlier than the filing date, the priority shall 
accompany the goods in the divisional application.   IP/N/1/FIN/T/5 
 Page 9 
 
 
  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 whic h the goods were first exhibited, the application 
shall be regarded as having been made on the said da te 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 co ncerning 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 registering authority considers the appli cation unacceptable even after the applicant has 
submitted a statement, the application shall be rej ected to the extent ther e is an obstacle to its 
acceptance unless there is cause to set a new time limit.  
Section 20 
If the application 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 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 who filed the opposition withdraws it, the matter may nevertheless be examined if 
there are special 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 revok e 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 th e 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 regi stering 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 appropriate 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. IP/N/1/FIN/T/5 
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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 regi stration under Section 22, 
the trademark shall be removed from the Register. 
 A trademark shall also be removed from the Regist er while 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 trademark, the list of goods or of classes of goods for which the 
mark has been registered may be limited. The pr ovision in the foregoing paragraph concerning the 
consent of the pledgee shall also apply.  Section 25 
If a trademark has been registered in breach of the provisions of this Act, the registration shall be 
declared null and void unless the provisions of S ection 8 or 9 apply or some other change of 
circumstances affects the issue.  
Section 26 
The exclusive rights in a trademark shall be invalidated: 
 (1) if it is obvious that the mark has lost the power  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 trademark registration shall be invalidated if the tr ademark has not been used for the last five years 
and the proprietor is unable to give a proper reas on for the non-use. Use of a trademark with the 
proprietor's consent shall be considered equivale nt to use by the proprietor. Invalidation of a 
registration may not be sought, however, if the trademar k has been used after the expiry of a five-year 
period of non-use but before the request for invalidat ion. 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 onl y after the proprietor became awar e that a request for invalidation 
might be filed.  
If the ground for invalidation of a registration concerns 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 when a 
suit to that end is brought against the proprietor of the mark. 
 
A suit of the kind referred to in the foregoing pa ragraph 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 entry to the effect  that a suit has been brought shall be made in the 
Register.   IP/N/1/FIN/T/5 
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  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 ha s had the same trademark registered for the same 
goods in the foreign country in which he carries on hi s business or is domiciled, or of which he is a 
national.  No certificate of the kind referred to in the fore going paragraph shall be required if the foreign 
country does not require a similar statement from a pe rson who is a Finnish nati onal, 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 r eciprocal rights exist, that the registration does not 
contravene Section 13 or 14 and that the tr ademark has not lost its distinguishing power. 
Notwithstanding the provisions of the foregoing para graph, minor changes may be made on the basis 
of reciprocity when a foreign trademark is regist ered, 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 registra tion abroad, shall at the applicant's request be 
considered, in relation to other applications or trad e symbols in use, to have been made at the same 
time as the application filed abroad.  
Conditions governing the grant of priority under th e foregoing paragraph may also be laid down by 
decree.  
Section 31 
An applicant for a trademark registration or propr ietor of a registered trademark not domiciled in 
Finland shall appoint a representative resident in Fi nland to represent him in all matters concerning 
the trademark. A Finnish corporate body may al so act as a representative. The name of the 
representative shall be entered in the Register. Any person not domiciled in Fi nland who has filed an 
opposition shall appoint a representative resident  in Finland to represent him in the opposition 
proceedings.  
If the applicant for a trademark registration or the pr oprietor of a registered trademark does not have a 
duly authorized representative, the registering authorit y shall, using his last known address, invite him 
to remedy the situation within a prescribed time lim it, on pain of the application being considered 
withdrawn or the mark being removed from the Re gister. If the registering authority has no address 
for the applicant or proprietor, a public noti ce has to be published in the Trademark Gazette. 
 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 re gistered or has become established. 
 
When a firm holding a trademark passes into ne w ownership, the trademark shall accompany the 
property unless the condition has been made that it sha ll 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.  IP/N/1/FIN/T/5 
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  Section 33 
The transfer of a registered trademark shall be re corded 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 the trademark. 
 
A transfer not recorded in the Register shall not a ffect 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 licen se 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, however, if u se 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 aff ect 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 su rrendered 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 licen sed becomes misleading 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 othe r cases, namely if the trade symbol is misleading 
or if its proprietor, or another person with his c onsent, 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 tr ade or profession concerned.  
 
Section 37 
If the use of a trade symbol is prohibited under S ection 36, the court may, where practicable, order 
that a trade symbol placed on goods, their packagi ng, 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 that the material so marked 
be destroyed or changed in a specified manner.   IP/N/1/FIN/T/5 
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  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 shall apply. 
 
Chapter VII Consequences of Infringement of Trademark Rights  
 
Section 38 
Anyone who infringes the right to a trade symbol ma y 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 in fringement. If the negligence has only been slight, 
the compensation for the da mage may be adjusted. 
 Even if no negligence is found, the infringer is ob liged 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 Section 2 of Chapter 49 of the Penal 
Code, be sentenced to a fine for a violation of trademark rights. 
Prosecution for infringement under the foregoing pa ragraph shall not be brought by the Public 
Prosecutor except at the instiga tion 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 above.   
Where a trademark protected by registration is c oncerned, 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 sy mbol has been infringed, the court may order that, 
if practicable, a symbol placed on goods, their pack aging, leaflets, commercial documents or the like 
without 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 pa ragraph be 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 provisions on confiscation in criminal cases shall apply. 
 
Section 41 a 
In a dispute that concerns an infringement of a tr ademark the court may, at the plaintiff's demand, 
order the defendant to compensate the plaintiff fo r the cost occurred to him/her for publishing, by IP/N/1/FIN/T/5 
Page 14  
 
  suitable measures, information concerning the final d ecision 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 considering the issuance and contents of the order, the court must 
pay attention to the general significance of the publ ication of the issue, the kind and scope of the 
infringement, the costs involved in the pub lishing process and other corresponding facts. 
  
The court lays down a maximum amount for the r easonable 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 
The District Court of Helsinki shall be the compet ent court of law in matters concerning entitlement 
to a trademark, invalidation of the registration of a trademark, declaring a trademark forfeit, 
prohibition of the use of a trademark, action under Section 46 or infringement of trademark rights. 
 A suit brought against the proprietor of a trademark not domiciled in Finland shall be heard by the District Court of Helsinki.  
The District Court of Helsinki shall serve as the trademark court according to the Council Regulation 
referred to in the first paragraph of Section 57 below.  
Section 43  
An application for an injuction under Section 38 ma y be heard at the same time as an action under 
Section 2 of Chapter 49 of the Penal Code or Section 39 of this Act. 
 
Section 44 
If the defendant in an action for infringement of  registered trademark rights claims that the 
registration is null and void and the truth of the ma tter is not immediately clear, the court shall allow 
him a period within which to bring action in a separat e court hearing in order to have the registration 
declared null and void; no ruling in the original case may be hande d down until the matter of the 
validity of the registration has been finally settled.  If the secondary action is not brought within the 
period allowed, the court shall rule on the case without regard to the counterclaim. 
 The foregoing paragraph shall apply equally if th e defendant claims that the trademark has been 
invalidated. 
 
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. 
 
If the licensee referred to in the foregoing paragrap h wants to bring an infringement action, he shall 
inform the proprietor of the trademark accordingly; if  he fails to do so, his suit shall not be heard. 
 This Section shall apply equally if the proprietor has reserved th e right of parallel use on granting an 
exclusive license to another. 
  IP/N/1/FIN/T/5 
 Page 15 
 
 
  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 considerati on 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 registratio n may 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 sha ll be equally binding upon the party to whom the 
trademark has been assigned. This shall apply eq ually in an action seeking to have a trademark 
declared forfeit.  
Section 48 
When an injunction is applied for under this Act, the court may, at the request of the plaintiff, grant an 
injunction against the defendant eith er during the proceedings or in its decision, to remain in force 
until the main action has been settled with legal effect, or until the same or another court has 
previously ruled otherwise. Before such an injunc tion is granted, the plaintiff may be ordered to 
provide reasonable security for any damage that the defendant might suffer from the injuction.  
A separate appeal may be made against court ru ling handed down during proc eedings concerning an 
injunction or the lifting thereof. 
 
Section 48 a 
When hearing an action referred to in Section 38(1)  the court may at the trademark holder's request 
prohibit the keeper of a transmitter, server or othe r similar device or other service provider acting as 
an intermediary, under penalty of a fine, from cont inuing the use alleged to infringe the trademark 
(injunction order) unless it can be considered dispr oportionate 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 S ection 38(1) the court referred to in that paragraph 
may, at the trademark holder's request, issue an in junction, if the preconditions for that set out in 
paragraph 1 exist and if it is obvious that the r ealisation of the trademark holder's rights otherwise 
would be seriously endangered. The court must  provide both for the party against whom the 
injunction is sought and for the party who is claime d to infringe the right to the trade symbol an 
opportunity to be heard. Communications to the pa rties against whom the injunctions have been 
sought may be delivered by mail or by facsimile or e-mail. Otherwise the provisions of Chapter 8 of 
the Code of Judicial Procedure apply to the processing of the case. 
 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 otherw ise. After the injunction is issued, the alleged 
infringer must without delay be pr ovided an opportunity to be heard. When the alleged infringer has 
been heard, the court must decide without delay wh ether 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. Subject to the provisions of Chapter 7, Section 7, of the Code of Judicial Procedure, 
the injunction comes into force when the plaint iff gives the bailiff the security referred to in 
Chapter 7, Section 16, of the Execution Act (37/1895) . An injunction issued under paragraph 2 or 3 of 
this Section lapses if the action referred to in S ection 38(1) is not brought within a month from the 
issuance of the injunction.  IP/N/1/FIN/T/5 
Page 16  
 
  The party who has demanded the injunction must comp ensate the party against whom the injunction is 
issued as well as the alleged infringer for the dama ge caused by the implementation of the injunction 
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 th e court. The same applies if the injunction is 
withdrawn under paragraph 3 or lapses under para graph 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 apply.   
Section 49 
A copy of any court decision in an action concerning the expired registration of trade symbols, or in 
any of the actions 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 Fi nland. In addition the court shall inform the 
Community Trade Mark Office referred to in the first paragraph of Section 57 of an action for 
revocation of a Community Trade Mark and invalida tion of the registration and send a copy of the 
court's final ruling to the said Office. 
 
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 Regi ster 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 possible 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 registra tion authority in a trademark case may be made by 
the applicant if the decision was unfavorable to him or if the case w as dismissed. An appeal against a 
final decision taken by the registration authority c oncerning an opposition filed against the registration 
may be lodged by the losing party. Even if th e person who filed the opposition withdraws his appeal, 
the case may be examined if there are special reasons for doing so. 
 
Section 51a 
An appeal against a ruling of the registration author ity under this Act shall be filed with the Board of 
Appeals at the National Board of Patents and Registra tion of Finland. Separate  regulations shall apply 
to the appeals procedure and the proceedings of the Board of Appeals.  
Section 52 
If the registration authority receives notice of an international 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 acco rded by the Finnish registration of the same 
trademark begins and the goods covere d by the international registration are wholly or partly the same 
as in the Finnish registration, the registration 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 S ection 57 notice of an application for a Community 
trade mark or of an application within the meani ng of Section 57a for the registration of a trademark 
in Finland.  IP/N/1/FIN/T/5 
 Page 17 
 
 
   
If the registration 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 obvious error 
in processing, the registration 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 registra tion of a trademark effected by the International 
Bureau of the World Intellectual Property Orga nization 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 National Board of Patents and Registration of Finland shall be responsib le in Finland for all 
action relating to international regi strations, and shall keep a record of international registrations in 
force in Finland.  
Section 54 
If a Finnish national or any person domiciled or havi ng a real and effective industrial or commercial 
establishment in Finland wishes to apply for an inte rnational registration based on a valid registration 
or pending application in Finland, he shall file an  application for international registration with the 
National Board of Patents and Registration of Finland.   If the basis for an application for international regi stration is a Community trade mark referred to in 
Section 57 or an application therefor, the applicati on for an international registration shall be filed 
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 registration authority shall 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 pa ragraph does not exist, the registration authority 
shall call upon the applicant to rectify the internati onal application within a specified time limit, on 
pain of the application being dismissed.  If the correspondence referred to in the foregoing para graph does exist, the registration authority shall 
attach a certificate to that effect to the appli cation and convey it with the application to the 
International Bureau before two months have el apsed from the filing date of the application. 
 
Section 56a 
When the registration 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 registration 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 IP/N/1/FIN/T/5 
Page 18  
 
  the international registration has no effect in Finla nd. The registration authority shall notify its refusal, 
together with a statement of all grounds, to the Inte rnational Bureau before the expiry of a period of 
18 months from the date of the International Bu reau notification referred to in Section 56a. 
 If the statement issued by the proprietor of an international registration commenting on the 
notification by the registration 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 
down in this Act, the registration 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 registration 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 inte rnational registration 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 registration authority shall give public notice of the 
International Bureau notification referred to in S ection 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 Finl and shall be filed in writing with the registration 
authority within two months of the date of the public notice.   
Section 56d 
If the registration authority finds, after an opposition has been filed, that the trademark that is the 
subject of an international registration does not co mply with the conditions of registration laid down 
in this Act, it shall notify the International Bureau , in the manner prescribed in the first paragraph of 
Section 56b, that the international registration has no effect in Finland.  If the time limit specified in the second paragraph of  Section 56c expires more than 18 months after 
the International Bureau notification referred to in  Section 56a, the registration authority shall notify 
the International Bureau within 18 months of the sai d notification that the registration may later cease 
to have effect. In that case the notification of the f act that the registration has no effect in Finland shall 
be conveyed within one month of the expiry of the time limit referred to in  the second paragraph of 
Section 56c. 
 
Once the decision, taken after opposition has been file d, that the international registration has no 
effect in Finland, has taken legal effect, the regist ration authority shall give public notice of the fact. 
 
Section 56e 
An international trademark regist ration 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 muta ndis to the international registration. 
 
Section 56f 
If the proprietor of an international registration w ho 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.   IP/N/1/FIN/T/5 
 Page 19 
 
 
  Section 56g 
If the proprietor of a trademark registered in Finla nd has been granted an international registration in 
respect of the same mark that has effect in Finl and, the international registration of the trademark 
replaces the Finnish registration if all the goods covere d 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 removed from th e International Register, the registration 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 registration 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 appli cation on which the international re gistration is based having ceased, 
and the proprietor of the trademark seeks regist ration for the same trademark in Finland, that 
application shall be considered to have been file d on the date referred to in the first paragraph 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 having 
effect in Finland;  
(3) the application complies in other respects with the requirements laid down for registration and the 
applicant pays the prescribed fees.  The registration authority shall make an entry in th e 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 registrati on 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 th e date on which the notice of termination came into 
force;  (2) the goods covered by the Finnish application we re included in the intern ational registration valid 
in Finland;  (3) the application complies in other respects with the requirements laid down for registration and the 
applicant pays the prescribed fees. 
 The registration authority shall make an entry in th e Register stating that the Finnish application is 
based on the international registration and give public notice of the fact. 
 Section 56k 
Public notice shall be given of renewals, transfers,  and removals from the Register of international 
registrations and of licenses that concern interna tional registrations and have been notified to the 
registering authority.  IP/N/1/FIN/T/5 
Page 20  
 
  Section 56l 
An appeal against a decision by the registration 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 decision taken by the registrati on authority declaring an international registration 
effective in Finland despite an opposition filed may be lodged by the person who filed the opposition. 
Even if the person who filed the opposition withdraw s his appeal, the case may be examined if there 
are special reasons for doing so.  
Section 51a shall apply as appropriate to appeals under the foregoing two paragraphs. 
 
Chapter Xa Community Trade Mark 
 Section 57 
Community trade mark means a trademark registered  by the Office for Harmonization in the Internal 
Market operating in the Internal Market of th e European Community (Community Trade Mark 
Office) under Council Regulation (EC) No. 40/94 on the Community Trade Mark.  An application for a Community trade mark may be  filed with the National Board of Patents and 
Registration of Finland, which shall forward it to  the Community Trade Mark Office. The prescribed 
fee for the application shall be payable to the Nati onal Board of Patents and Registration of Finland. 
 
Section 57 a 
A request which concerns the conversion of a Communi ty 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 Offi ce has forwarded to the office, shall be treated 
as a national application provided that the applicant:  (1) pays the prescribed fees;  (2) submits the registering authority 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 application based on conversion of a Communit y 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 an international registration 
designating the European Community has as its filing da te 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 international registration.  
Chapter XI Enforcement and Implementation of the Act 
 
Section 58 
Further instructions on the procedure to be follow ed by applicants for registration, on the giving of 
public notice and other procedures in that connecti on 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 issued by decree. 
 Fees to be collected under this Act shall be prescribed separately.   IP/N/1/FIN/T/5 
 Page 21 
 
 
  Section 59 
This Act shall enter into force on June 1, 1964. Th e following shall be repealed at that time: 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 entr y into force of this Act shall be determined in 
accordance 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 Ac t. Pending applications for registration shall be 
governed by this Act.  
Section 61 
In the case of trademarks registered earlier, the pe riod 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 dur ing which damages are to be claimed shall apply 
equally if the act for which compensation is payable was committed before the en try 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 this Act, it shall be counted as having begun on that date.  
Section 63 
When the registration of an earlier-registered trademar k is first renewed after the entry into force of 
this Act, the registration period based on that re newal 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 go ods shall be amended so that it conforms to any 
changes 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 
application 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. 
  
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