Trademarks in brief

It is worthwhile to protect a trademark or a brand mark by registering it at the National Board of Patents and Registration (NBPR). Registration gives you the exclusive right to use the mark as a symbol for goods or services in Finland. An exclusive right means that only the registration holders may use the trademark in their business and may also, when necessary, prohibit others from using their mark or some another mark liable to be confused with it.

The trademark can be, for example, a word or a figure or a combination of these. It can also be a slogan, a combination of letters, a sound or some other mark that can be represented graphically. When you design the trademark, it is good to keep in mind that the purpose of a trademark is to distinguish the products of one trader from those of another trader on the market.

The requirements for registration

What are the requirements for registration? Firstly, the trademark must be distinctive: it cannot describe the goods or services for which it is applied. The idea behind this requirement of distinctive character is that the exclusive right cannot be given to descriptive words or terms used in a particular field, because it would unreasonably limit the freedom of advertising of other traders in the field. For example, the Apple mark for computers is an excellent and distinctive mark, but the Apple mark for apples or apple tartlets cannot be registered because it describes the kind or quality of the products. Read more about the distinctive character of a mark.

Secondly, the trademark must not be liable to be confused with any previous trademarks or company names of others. Other obstacles to registration. It is advisable to make sure that no identical or similar marks or names have been registered at the Trademark Register or Trade Register. This should be done already when you design the trademark or before you file an application for registration at the latest. Confusing similarity means that the marks are identical or similar and cover the same goods and services. For instance, the Eskimo trademark has been registered for ice cream in class 30 and also for clothing in class 25, because the goods covered by the registrations are completely different from each other.

Before you file an application for registration, it is advisable to carefully design the trademark: you cannot alter the mark in the application.

You can easily study any confusing similarity of word, letter or numeral marks, or any combinations of these, in databases provided free of charge on the Internet. There are four databases that are useful for searching obstacles:

• the national Trademark Database,
• the List of Trademarks with a Reputation,
• the CTM-ONLINE trademark database of OHIM, and
• the information service of the Business Information System providing details of Finnish company names.

If you wish to study confusing similarity between figurative marks, please contact our client advisory service by phone.

How to apply for registration

You apply in writing to the NBPR for registration by using a form. The application fee is € 215 and includes three classes of goods or service (you can find all 45 trademark classes at the WIPO website). We do not refund application fees to the applicants if the application is rejected or dismissed, and not even if the applicants themselves withdraw their application. When the application results in registration, the trademark is valid for ten years from the date of registration if the application fee has been paid. You can keep the trademark in force for an unlimited time as long as you pay the renewal fee every ten years. How to apply for registration.

Further details/Contacts

We are pleased to serve you in any matter concerning the application for and registration of trademarks. If you have any questions about trademarks, please do not hesitate to contact our advisory service for clients on +358 (0)29 509 5855.