WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/FIN/T/2 
9 February 2007 
 (07-0600) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
  
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
FINLAND
 
  The present document reproduces the consolidated text
1 of the Trade Marks Act 10.1.1964/7, 
as amended up to 2004/1220 incl., notified by Finl and under Article 63.2 of the Agreement (see 
document IP/N/1/FIN/2). 
 
 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 con tient le texte actualisé
1 de la Loi 10.1.1964/7 sur les marques de 
commerce ou de fabrique, modifiée jusqu'en 2004 (20 04/1220) inclusivement, notifiée par la Finlande 
au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/FIN/2). 
 
 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 texto1 refundido de la Ley de Marcas de Fábrica o 
de Comercio N° 10.1.1964/7 y sus modificaciones hasta 2004 (2004/1220) inclusive, notificado por 
Finlandia en virtud de lo dispuesto en el párra fo 2 del artículo 63 del Acuerdo (véase el documento 
IP/N/1/FIN/2). 
                                                      
1 In English only. The text is available for co nsultation by interested Delegations at the WTO 
Secretariat in Finnish and Swedish./En anglais seulement.  Les délégations intéressées peuvent consulter le texte 
en finnois et suédois au Secrétariat de l'OMC./En inglés solamente.  Las delegaciones interesadas podrán 
consultar en la Secretaría de la OMC el texto en finlandés y sueco. IP/N/1/FIN/T/2 
Page 2  
 
   
Trademarks Act 10.1.1964/7 (Unofficial translation) 
 
(Amendments up to 2004/1220 included) 
  
Chapter I 
General Provisions 
 
Article 1 
Registration shall confer exclusive rights in a trademark as a special symbol for 
distinguishing goods to be offered for sale, or ot herwise purveyed in business, from those of 
others.  Any kind of mark that can be represented gr aphically and by means of which goods marketed 
in business can be distinguished from those of  others may be a trademark. A trademark may 
in particular consist of words, including pers onal 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. 
 
Article 2 
 
Exclusive rights in a trademark ma y be acquired, even without re gistration, after the mark has 
become established.  Exclusive rights in symbols other than the sp ecial business symbols defined in the second 
paragraph of Article 1 may also be ac quired through their becoming established. 
 A trade symbol shall be considered establishe d if it has become generally known in the 
appropriate business or consumer circles in Finl and as a symbol specific to its proprietor's 
goods.  
Article 3 
 
Any person may use his surname, address or trad e name in his business as a trade symbol for 
his goods unless that use is liable to cause c onfusion with another's protected trademark, or 
with a name, address or trade name already be ing lawfully used by another in his business. 
 The foregoing provision on trade names applie s 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  included in a trademark; neither may the 
auxiliary trade name or secondary symbol of a nother be included in a trademark except where 
they lack distinguishing power or where the br anches of trade or kinds of goods concerned 
are different.   IP/N/1/FIN/T/2 
 Page 3 
 
 
  Article 4 
 
The effect of the rights in a trad e symbol provided for in Articles 1 to 3 of this Act is that no 
one other than the proprietor of the trade symbol  may use in his busine ss any symbol liable to 
be confused with it for his goods, whether on th e 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 o ffered or intended to be offered for sale in 
Finland or abroad, or are imported into the Finn ish territory to be used, kept or stored for 
business purposes or to be forwarded to a third country. 
 Where spare parts, accessories or the like that  are suitable for use w ith another's goods are 
offered for sale, it shall be unlawful to allude, in  the manner specified in the first paragraph of 
this Article, to the trade symbol of the other party in any way liable to create the impression 
that the goods offered for sale originate with th e proprietor of the said trade symbol 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 substant ially alters them by modi fication or repair or 
in another comparable manner, the trade symb ol may not be used when the goods are once 
again offered for sale in Finland unless the alte ration is clearly pointed  out or announced, or 
is otherwise plainly apparent.  
Article 5 
 
The exclusive rights in a trade symbol shall not a pply to any part of it that is intended mainly 
to render the goods or their pack aging more suitable for their pur pose, or serves some other 
purpose different from that of a trade symbol.  
Article 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  trade 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 th e earlier trade symbol. 
 The second paragraph of this Article shall ap ply also to the auxiliary trade names and 
secondary symbols referred to in the third paragraph of Article 3. 
 
Article 7 
 
Where two or more parties demand exclusiv e rights under Article 1 or Article 2 in 
confusingly similar trade symbols, preference sh all be given to the party who can claim the 
earliest entitlement, subject to the provisions of Article 8 or 9 below. 
 IP/N/1/FIN/T/2 
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  Article 8 
 
Even where a registered trademark that has been used in Finland for 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 th at the application for registration was 
made in good faith and the proprietor of the earl ier mark was aware of the use of the later 
mark for the said period.  
Article 9 
 
Where an established trademark is liable to be confused with another tr ademark registered or 
established earlier, but the pr oprietor of the earlier tradem ark has not acted within a 
reasonable period of time to pr event the use of the later trad emark, he shall no longer be 
entitled to prohibit the use of the later trademark.  
Article 10 
 
In the cases referred to in Article 8 or 9 it ma y be decided, where reasonable, that either or 
both of the trade symbols may only be used in a particular manner — for example, shaped in 
a particular way, or with the addition of a place-name or some other explanatory feature. 
 The first paragraph of this Article shall apply al so if there is a risk of confusion in a case 
provided for in the first or second paragraph of Article 3.  
Article 10 a 
 
The proprietor of a trademark may not preven t the use of the trademark on goods that the 
proprietor, or another person w ith his consent, has placed on  the market under his trademark 
within the territory of the European Economic Area.  The foregoing paragraph shall not apply if the proprietor has justified grounds for objecting 
to the goods being once again placed on the market , in particular if alterations have been 
made to the goods or if they have deteriorated after having been placed on the market.  
Article 11 
 
At the request of the proprietor of a registered  trademark, the author, ed itor or publisher of a 
dictionary, glossary, manual or other similar prin ted or in a data netw ork 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 the foregoing pa ragraph shall ensure that a correction is 
published in the manner and to the extent consid ered reasonable, and shall bear the cost of 
publishing the correction. 
 
  IP/N/1/FIN/T/2 
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  Chapter II 
Registration of Trademarks 
 
Article 12 
 
A Register of Trademarks shall be kept by th e National Board of Patents and Registration of 
Finland.   
Article 13 
 
To be eligible for registration, a trademark must  be capable of distingu ishing its proprietor's 
goods from those of others. A mark that denotes either alone or with only few alterations or 
additions, the kind, quality, quantity, use, price or place or time of ma nufacture of the goods 
shall not, as such, be regarded as distinctive. Neither shall a ma rk be regarded as distinctive, 
if it is solely composed of a form that is ch aracteristic of the goods, necessary for achieving a 
technical result or that substa ntially increases the value of the goods. In assessing whether a 
trademark possesses distinguishing power, all th e factual circumstances shall be borne in 
mind, particularly the length of time and extent to which the mark has been used. 
 
Article 14 
 
A trademark shall not be registered:  (1) if it is contrary to law and order, or to morality;  (2) if it is liable to mislead the public;  (3) if, without proper permission, it incorporates national armorial  bearings, a national flag or 
other emblem, a sign or hallmark indicating c ontrol and warranty used by the State for goods 
of the same type as those for which the tradem ark is sought or a similar type, the armorial 
bearings of a Finnish commune, or the flag, ar morial bearings or other emblem, name or 
abbreviated name of an international organi zation or any device or emblem, name or 
abbreviated name liable to be confused with the symbols or emblems, marks, names or abbreviations referred to in this item;  (4) if it is composed of or contains anythi ng likely to give the impression of being the 
protected trade name of another or the auxiliary trad e name or secondary symbol of another 
as referred to in the third paragraph of Article 3, or of being the name or likeness of another 
person, unless such name or likeness pl ainly relates to a person long dead; 
 
(5) if it is composed of  or contains anything likely to give the impression of be ing the title of 
another's protected literary or ar tistic work, such title being original in character, or if it 
constitutes an infringement of another's copyright in such a w o r k  o r  o f  h i s  r i g h t s  i n  a  
photographic illustration or a protected design; 
 (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 kind referred to in the third paragraph of 
Article 3, with the trademark of another which ha s been registered on the basis of an earlier IP/N/1/FIN/T/2 
Page 6  
 
  application or with the trade symbol of anot her party that is already established when 
registration is sought;  (7) if it is liable to be confused with a trad e symbol being used by another party for his goods 
at the time of the application, and if the applic ant was aware of that use at the time of his 
application and had not used his own mark be fore 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 basis 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 
Article 57 that has been registered on the basis of an earlier application or that has seniority 
from Finland under Article 34 or 35 of the C ouncil Regulation referred to in Article 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 mean ing of Council Regulation (EEC) 
No. 2081/92 on the protection of geographical indications and designations of origin for 
agricultural products  and foodstuffs. 
 In the cases referred to in items (4) to (9), registration may be grante d if the person whose 
right is concerned agrees ther eto, and provided that the regist ration does not contravene any 
of the other provisions of the fi rst paragraph of this Article. 
 
Article 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 uncertain ty 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 protectio n later becomes registrable, a new registration 
may be made to cover that part or the entire trademar k without the exclusi on of the part from 
protection.  
Article 16 
 
A trademark shall be registered in one or mo re classes of goods. The classification of goods 
shall be established by the National Board of Patents and Registration of Finland. 
 
Article 17 
 
The application for registration of  a trademark shall be filed in writing with the registering 
authority. The application shall indicate the na me or trade name of the applicant and the  IP/N/1/FIN/T/2 
 Page 7 
 
 
  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 th e application. The application shall not be 
considered filed until the fee has been paid.  
Article 17a 
 
If an application relates to several goods, part of these may at the applicant's request be 
divided into one or more applications in a manner to be laid dow n more specifically by 
decree. The filing date of the original applicatio n shall be considered to be the filing date of 
these applications. If so me of the goods in the original app lication enjoy prior ity earlier than 
the filing date, the priority shall accompa ny the goods in the divisional application. 
 The provisions of the first paragraph in respect of an application shall mutatis mutandis also 
apply to registration.  
Article 18 
 
If a trademark that the applicant first used on goods shown at an international exhibition is 
filed for registration within six months of th e date on which the goods were first exhibited, 
the application shall be regard ed as having been ma de on the said date for the purpose of 
determining priority over other ap plications for trademarks or th e use of other trade symbols. 
 
Article 19 
 
If the applicant fails to observe  the regulations concerning the f iling of an application, or if 
the registering authority finds that the application cannot be approved for some other reason, 
the applicant shall submit a statem ent or rectify his application w ithin a specified time; if he 
does not his application may be dismissed.  If the registering authority considers the appl ication 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.  
Article 20 
 
If the application complies with the requirement s 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 registrati on 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 w ithdraws it, the matter may nevertheless be 
examined if there are special reasons for doing so.  IP/N/1/FIN/T/2 
Page 8  
 
  Article 21 
 
After an opposition, the register ing authority shall revoke the re gistration to th e extent there 
is an obstacle to registration. Once a decisi on to revoke a registration has acquired legal 
effect, public notice shal l be given thereof. 
 The registering authority sha ll reject the oppositio n if no obstacle to registration is found. 
 
Article 22 
 
Registration shall take effect on the date on wh ich 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 y ear 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 Regi ster, or if no entries have been made in the 
Register concerning the classes to which the goo ds belong. In other case s registration shall be 
considered renewed once the renewal fee has been paid.  The provisions of Article 19 above shall ap ply as appropriate to the prosecution of 
applications.  
Article 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 a nd Invalidity of Registration 
 
Article 24 
 
If the proprietor of a register ed trademark fails to request renewal of the registration under 
Article 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 tr ademark is pledged, it 
may not be removed from the Register without the consent of the pledgee. 
 
At the request of the proprietor of the trademar k, 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.   IP/N/1/FIN/T/2 
 Page 9 
 
 
  Article 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 provis ions of Article 8 or 9 apply or some other 
change of circumstances affects the issue.  
Article 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 cont rary to law and order or morality since it was 
registered or became established.  A trademark 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 shal l be considered equivalent to use by the 
proprietor. Invalidation of a registration may not be sough t, 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 tr ademark that occurred during the three months 
preceding the request for invalidation shall not be considered if the preparations for use 
commenced only after the proprie tor became aware that a reque st 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.  
Article 27 
 
A court of law shall rule on whether to inva lidate a registration and declare a trademark 
forfeit when a suit to that end is brou ght against the proprietor of the mark. 
 A suit of the kind referred to  in the foregoing paragraph ma y be brought by any person who 
has suffered a prejudice due to the registration. If the case is based on Article 13, on items (1) 
to (3) of the first para graph of Article 14 or on Article 26, the suit may also be brought by the 
Public Prosecutor or by a body sa feguarding the interests of th e persons carrying on the trade 
or profession concerned. 
 
If the plaintiff so requests, an entry to the eff ect that a suit has been br ought shall be made in 
the Register. 
 IP/N/1/FIN/T/2 
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  Chapter IV 
Special Provisions for the Prot ection of Foreign Trademarks 
 
Article 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 whic h he carries on his business or is domiciled, or 
of which he is a national.  No certificate of the kind referred to in th e 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. 
 
Article 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 th at reciprocal rights exis t, that the registration 
does not contravene Article 13 or 14 and that the trademark has not lost its distinguishing 
power.  Notwithstanding the provisions of the foregoi ng 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.  
Article 30 
 
The Government may decree that an application for registration of a trademark in Finland if 
the same trademark has previously been filed fo r registration abroad shall at the applicant's 
request be considered, in relation to other applic ations or trade symbols in use, to have 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.  
Article 31 
 
An applicant for a trademark registration or proprietor of a regi stered trademark not 
domiciled in Finland shall appoint a representative  resident in Finland to represent him in all 
matters concerning the trademark. A Finnish corp orate body may also act as a representative.  
The name of the representative shall be ente red in the Register. Any person not domiciled in 
Finland who has filed an opposit ion shall appoint a representa tive resident in Finland to 
represent him in the opposition proceedings.  If the applicant for a trademar k registration or the proprietor of a registered trademark does 
not have a duly authorized representative, the registering authority sha ll, using his last known 
address, invite him to remedy the situation within a prescribed time limit, on pain of the application being considered wi thdrawn or the mark being rem oved from the Register. If the  IP/N/1/FIN/T/2 
 Page 11 
 
 
  registering authority has no addr ess for the applicant or propri etor, a public notice has to be 
published in the Trademark Gazette. 
 
Chapter V 
Assignment and Licensing 
 
Article 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 been made th at 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.  
Article 33 
 
The transfer of a registered tr ademark 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 add ition to the trademark. 
 A transfer not recorded in the Register sha ll 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 unti l such an entry has been made. 
 
Article 34 
 
The proprietor of a registered trademark may licen se another person to us e it in his business 
without relinquishing property ri ghts in the trademark. A licen se may concern the whole or 
part of the country, and it ma y cover either all or part of the goods protected by the 
registration. The number of licensees may be one or more. On request, su ch a license shall be 
entered in the Register. The registering author ity may refuse entry, however, 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 no t 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. 
 IP/N/1/FIN/T/2 
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  Article 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 trademar k 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 
 
Article 36 
 
If a trade symbol that has been transferred or licensed becomes misl eading in the form in 
which it is used by the new proprietor or lice nsee, 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 Article may be  brought by the Public Prosecutor, by any person who suffers 
a prejudice due to the use of the trade sym bol, or by a body dedicated to safeguarding the 
interests of the persons carrying on the trade or profession concerned. 
 
Article 37 
 
If the use of a trade symbol is prohibited under Article 36, the court may, where practicable, 
order that a trade symbol pla ced on goods, their packaging, br ochures, leaflets, commercial 
documents or the like contrary to  a prohibition under Article 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. 
 Material referred to in the above paragraph may be confiscated pending the implementation 
of the said order in which case the general regul ations on confiscation in criminal cases shall 
apply. 
 
Chapter VII 
Consequences of Infringement of Trademark Rights 
 
Article 38 
 
Any person who infringes the righ t of the proprietor of a trade symbol protected by this Act 
may be prohibited by court order from proceedi ng with or repeating the offending act unless 
there are special reas ons for not doing so. 
  IP/N/1/FIN/T/2 
 Page 13 
 
 
  If the infringement is deliberate or due to negl igence, the aggrieved party shall be entitled to 
compensation from the defendant for all the damage he has suffered. If the negligence has 
only been slight, the court may modify th e compensation awarded at its discretion. 
 Even if the defendant is not found guilty of  negligence, the court may, where deemed 
reasonable in view of his financial and other circumstances, order that he hand over to the 
aggrieved party the profits he ha s made from such infringement during a period of not more 
than the three preceding years.  
Article 39 
 
Anyone who deliberately infringes the right to a trade symbol protected by this Act shall, 
unless the act is punishable as an industrial pr operty rights offense unde r Article 2 of Chapter 
49 of the Penal Code, be sentenced to a fi ne for a violation of trademark rights. 
 Prosecution for infringement under the foregoing paragraph shall not be brought by the Public Prosecutor except at the in stigation of the aggrieved party. 
 In the case of a registered trademark, no pe nalty may be imposed unl ess the infringement 
occurred after the date of registration.  
Article 40 
 
A damages suit under Article 38 must be brought w ithin three years of the time at which the 
plaintiff learned of the infringement and ascert ained the identity of the infringer, and in any 
case not later than within te n years of the time at which the infringement occurred. 
 Notwithstanding the foregoing paragraph, in the cas e of a registered trademark a suit may be 
brought for infringement before the date of re gistration, provided that it is brought within a 
year of that date.  
Article 41 
 
At the request of a person whose right to a tr ade symbol has been infringed, the court may 
order that, if practicable, a symbol placed on goods, their packaging, 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 th is cannot be done in any other way, the court 
shall order that the material so marked be de stroyed or changed in a specified manner. The 
court may also, on request, order that the mate rial 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 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. 
 IP/N/1/FIN/T/2 
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  Chapter VIII 
Litigation Concerning Trademarks 
 
Article 42 
 
The District Court of Helsinki shall be the competent court of law in matters concerning 
entitlement to a trademark, invalidation of th e registration of a trademark, declaring a 
trademark forfeit, prohibition of the use of a trademark, action under Article 46 or 
infringement of trademark rights.  A suit brought against the proprie tor of a trademark not domicile d 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 firs t paragraph of Article 57 below. 
 
Article 43 
 
An application for an injunction under Article 38 may be heard at the same time as an action 
under Article 2 of Chapter 49 of the Pena l Code or Article 39 of this Act. 
 
Article 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 th e matter is not immediately clear, the court 
shall allow him a period within which to bring ac tion in a separate court hearing in order to 
have the registration declared null and void; no ruling in the original case may be handed 
down until the matter of the validity of the re gistration has been finally settled. If the 
secondary action is not brought within the peri od allowed, the court shall rule on the case 
without regard to the counterclaim.  The foregoing paragraph shall apply equally if the defendant claims that the trademark has 
been invalidated.  
Article 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, eith er the proprietor of the mark or 
the licensee, or both, may be recognized as plai ntiffs in actions concerning the infringement 
of trademark rights. 
 
If the licensee referred to in the foregoing para graph 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 Article shall apply equally if the proprietor has reserved the right of parallel use on granting an exclusive license to another.   IP/N/1/FIN/T/2 
 Page 15 
 
 
  Article 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 take n for consideration by th e court where there is 
uncertainty that is detrimental to the plaintiff.  In such cases, Article 45 shall apply as appropriate. 
 
Article 47 
 
An action for invalidation of a trademark regi stration may continue against the original 
defendant in the event of the trademark bei ng assigned to another after legal proceedings 
have commenced, and, if the court finds for the plaintiff, its decision sh all 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.  
Article 48 
 
When an injunction is applied for under this Act,  the court may, at the re quest of the plaintiff, 
grant an injunction against the defendant either  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 injunction is granted, the 
plaintiff may be ordered to pr ovide reasonable security for a ny damage that the defendant 
might suffer from the injunction.  A separate appeal may be made against court ruling handed dow n during proceedings 
concerning an injunction or the lifting thereof. 
 
Article 49 
 
A copy of any court decision in an action co ncerning the expired re gistration of trade 
symbols, or in any of the actions referred to  in Articles 10, 25, 26, 36 and 46, shall be sent by 
the court to the National Board of Patents and Registration of Finland. In addition the court 
shall inform the Community Trade Mark Office refe rred to in the first pa ragraph of Article 57 
of an action for revocation of a Community Trad e Mark and invalidation of the registration 
and send a copy of the court's fi nal ruling to the said Office. 
 
Chapter IX 
Public Notices, Notifications, Appeals and Revocation of Decisions 
 
Article 50 
 
As well as in the cases referred to in Article s 20 and 21, public notice shall be given when a 
registered trademark is modified under Articl e 23, when a Register entry is removed under 
Articles 24 to 26, 31 or 52, or when an assignm ent under Article 33 or a license granted under 
Article 34 is recorded in the Register.  IP/N/1/FIN/T/2 
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  Article 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.  
Article 51 
 
An appeal against the final decision of the re gistration authority in a trademark case may be 
made by the applicant if the decision was unfavor able to him or if the case was dismissed. An 
appeal against a final decision taken by the registration authority concerning an opposition 
filed against the registration may be lodged by th e losing party. Even if the person who filed 
the opposition withdraws his appeal , the case may be examined if there are special reasons 
for doing so.  
Article 51a 
 
An appeal against a ruling of the registration au thority under this Act sh all be filed with the 
Board of Appeals at the Nati onal Board of Patents and Regi stration of Finland. Separate 
regulations shall apply to the a ppeals procedure and the proceedi ngs of the Board of Appeals. 
 
Article 52 
 
If the registration authority receives notice of an interna tional registration from the 
International Bureau referred to in Article 53, a nd 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 part ly the same as in the Finnish  registration, th e registration 
authority shall revoke its decisi on concerning the Finnish registra tion and take a new decision 
on the matter.  The provisions of paragraph 1 shall by analogy be applied if the register ing authority receives 
from the Community Trade Mark Office referred to in Article 57 notice of an application for a Community trade mark or of an applicatio n within the meaning of Article 57a for the 
registration of a tr ademark in Finland. 
 If the registration authority finds, after its de cision to grant a registration and before the 
period for filing oppositions has expired, that the decision to grant the re gistration is based on 
an obvious error in pro cessing, the registration authority may revoke its incorrect decision 
and take a new decision on the matter. 
 
Chapter X 
International Registration of Trademarks 
 
Article 53 
 
International trademark registration means the registration of a trademark effected by the 
International Bureau of the World Intellectual Property Organization in accordance with the  IP/N/1/FIN/T/2 
 Page 17 
 
 
  Protocol of June 27, 1989, Relating to the Madr id Agreement Concerning the International 
Registration of Marks concluded on April 14, 1891.  The National Board of Patents and Registration of  Finland shall be resp onsible in Finland for 
all action relating to international registrations , and shall keep a record of international 
registrations in force in Finland.  
Article 54 
 
If a Finnish national or any pe rson domiciled 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 registration with the National Bo ard of Patents and Re gistration of Finland. 
 If the basis for an application for interna tional registration is a Community trade mark 
referred to in Section 57 or an  application therefor, the application for an international 
registration shall be filed with the Community Trade Mark Office.  
Article 55 
 
An international application shall be filed in wr iting in accordance with separate provisions. 
The prescribed fee shall be paid  on the filing of the application. 
 
Article 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 refe rred to in the foregoing paragrap h does not exist, the registration 
authority shall call upon the applicant to rect ify the international application within a 
specified time limit, on pain of  the application being dismissed. 
 If the correspondence referred to in the fore going paragraph does exist, the registration 
authority shall attach a certifi cate to that effect to the ap plication and convey it with the 
application to the International Bureau before two months have elapse d from the filing date 
of the application.  
Article 56a 
 
When the registration authority receives a notific ation of an internati onal registration having 
effect in Finland from the International Burea u, it shall examine whether there is any obstacle 
to the registration.  IP/N/1/FIN/T/2 
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  Article 56b 
 
If the registration authority finds that a tradem ark filed for internati onal registration does not 
comply with the conditions of registration laid down in this Act, it shall notify the 
International Bureau that the internationa l registration has no effect in Finland. The 
registration authority sha ll 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 notificati on referred to in Article 56a. 
 If the statement issued by the proprietor of an international registration commenting on the 
notification by the registration authority referr ed 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 registra tion has not within the given time limit submitted 
his statement commenting on the registration authority's notification referred to in 
paragraph 1, the intern ational registration shall not take effect in Finland. If the said 
notification only concerned some of the goods  in the international registration, the 
international registration  shall take effect in Finland in respect of th ose of the goods that the 
notification did not concern.  
Article 56c 
 
If no obstacle to registration is found, the regist ration authority shall gi ve public notice of the 
International Bureau notification referred to in Article 56a as laid down in the first paragraph 
of Article 20. The public notice shall specif y the date accorded to the international 
registration by the In ternational Bureau. 
 Any opposition to an internationa l registration in Finland shall be filed in writing with the 
registration authority within two months  of the date of the public notice. 
 
Article 56d 
 
If the registration authority finds, after an opposi tion has been filed, that the trademark that is 
the subject of an international registration does not comply with  the conditions of registration 
laid down in this Act, it shall notify the Interna tional Bureau, in the manner prescribed in the 
first paragraph of Article 56b, th at the international registrati on has no effect in Finland. 
 If the time limit specified in the second paragrap h of Article 56c expires more than 18 months 
after the International Bureau notification referre d to in Article 56a, the registration authority 
shall notify the International Bureau within 18  months of the said notification that the 
registration may later cease to have effect. In that case the notification of the fact that the 
registration has no effect in Finl and shall be conveyed within one month of the expiry of the 
time limit referred to in the second paragraph of Article 56c.   IP/N/1/FIN/T/2 
 Page 19 
 
 
  Once the decision, taken after opposition has been filed, that the internat ional registration has 
no effect in Finland, has taken legal effect, th e registration authority shall give public notice 
of the fact.  
Article 56e 
 
An international trademark registration having eff ect in Finland shall be in force as from the 
date accorded by the International Bureau under the first paragraph of Article 56c. Provisions 
laid down in and under this Act shall apply muta tis mutandis to the international registration. 
 
Article 56f 
 
If the proprietor of an international registratio n who is not domiciled in Finland wishes to 
submit a statement to the National Board of Pa tents and Registration of Finland, he shall 
appoint a representative  resident in Finland. 
 
Article 56g 
 
If the proprietor of a trademark registered in  Finland has been granted an international 
registration in respect of the same mark th at has effect in Finland, the international 
registration of the trademark replaces the Finni sh registration if all the goods covered by the 
Finnish registration are included in the list of  goods covered by the inte rnational registration. 
 The registration authority shall on request make an entry in th e Register to the effect that the 
international registration of the trademark is in force and give public notice of the fact. 
 
Article 56h 
 
If a trademark is wholly or partly removed fr om the International Register, the registration 
authority shall remove the corresp onding parts thereof from the re gister that it keeps and give 
public notice of the fact.  
Article 56i 
 
If an international registration va lid in Finland ceases to have effect within five years from 
the date referred to in the firs t paragraph of Article  56c on account of th e validity of the 
national registration or pendency of the natio nal application on which the international 
registration is based having cease d, and the proprietor of the tr ademark 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 para graph of Article 56c provided that: 
 
(1) the application is filed within three m onths of the expiry of  the validity of the 
international registration; (2) the goods covere d by the Finnish application were included in 
the international registration having effect i Finland; (3) the application complies in other 
respects with the requirements laid down fo r registration and the applicant pays the 
prescribed fees.  IP/N/1/FIN/T/2 
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  The registration authority shall make an entr y in the Register stating that the Finnish 
application is based on the in ternational registration and gi ve public notice of the fact. 
 
Article 56j 
 
If an international registration valid in Finland ceases to have  effect because a party to the 
Protocol referred to in Article 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 Article  56c provided that: 
 (1) the application is filed with in two years of the date on which the notice of termination 
came into force; (2) the goods covered by the Finni sh application were  included in the 
international 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 entr y in the Register stating that the Finnish 
application is based on the in ternational registration and gi ve public notice of the fact. 
 
Article 56k 
 
Public notice shall be given of renewals, tran sfers, and removals from the Register of 
international registrations and of licenses that concern intern ational registrations and have 
been notified to the registering authority. 
 
Article 56l 
 
An appeal against a decision by the registrati on authority may be lodged by the applicant for 
or proprietor of an in ternational registration w ho has sought such registra tion in Finland if the 
decision has been unfavorable to him or if the case has been dismissed. 
 An appeal against a decision ta ken by the registration authority  declaring an international 
registration effective in Finl and despite an opposition filed may be lodged by the person who 
filed the opposition. Even if the person who f iled the opposition withdraws his appeal, the 
case may be examined if there are special reasons for doing so.  Article 51a shall apply as appropriate to appeals under the foregoing two paragraphs. 
 
Chapter X a 
Community Trade Mark 
 
Article 57 
 
Community trade mark means a trademark registered by the Office for Harmonization in the Internal Market operating in the Internal Ma rket of the European Community (Community 
Trade Mark Office) under Council Regulatio n (EC) No. 40/94 on the Community Trade 
Mark.   IP/N/1/FIN/T/2 
 Page 21 
 
 
  An application for a Community trade mark may be filed with the National Board of Patents 
and Registration of Finland, which shall forwar d it to the Community Trade Mark Office.  
The prescribed fee for the appl ication shall be payable to the National Board of Patents and 
Registration of Finland.  
Article 57 a 
 
A request which concerns the c onversion of a Community trade ma rk, an application therefor 
or an international registration designating the European Community into  an application for a 
national trademark and which the Community Trad e Mark Office has forwarded to the office, 
shall be treated as a national applic ation provided that the applicant: 
 pays the prescribed fees; (2) submits the regi stering authority a translation in Finnish or 
Swedish of the conversion reque st and the accompanying annex filed in a foreign language; 
(3) gives the address at which the applicant ca n be reached in Finland; and (4) provides a 
representation of the trademark.  An application based on conversi on of a Community trade mark or  an applicati on therefor is 
considered to have the same filing date, priority and seniority from Finland as the 
Community trade mark or the a pplication therefor. An applica tion based on conversion of an 
international registration designating the Europe an 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 se niorities of the international registration. 
 
Chapter XI 
Enforcement and Implementation of the Act 
 
Article 58 
 
Further instructions on the procedure to be fo llowed by applicants fo r registration, on the 
giving of public notice and othe r procedures in that connecti on and on the maintenance of the 
Register of Trademarks, includi ng changes to be made in th e 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.  
Article 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, Article 
13, of the Penal Code; Article 2 of the Decree of December 21, 1885, granting greater 
freedom to the iron industry.  
Article 60 
 
The validity of trademarks registered before the entry into force of this Act shall be determined in accordance with the earlier provisions.  IP/N/1/FIN/T/2 
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  The right to a trademark may be invalidated un der Article 26 even where it was granted or 
became established before the entry into for ce of this Act. Pending applications for 
registration shall be governed by this Act.  
Article 61 
 
In the case of trademarks regi stered earlier, the peri od of five years provided for in Article 8 
shall be calculated as from the date of entry into force of this Act.  
Article 62 
 
The provisions of Article 40 regarding the period during whic h 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 re ferred to in the said 
Article began before the date of  entry into force of this Act,  it shall be counted as having 
begun on that date.  
Article 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 regist ration 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 changes that have been made in the classification.  
Article 64 
 
A trademark registration that was renewabl e without an application under the earlier 
provisions shall henceforth be renewed in acco rdance 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 sh all be removed from the Register. 
 
(transitional provisions not included) 
__________