Other obstacles

A design may fail to be registered for various other reasons, including the following:

The design is not a design as intended in the law.

Rather than a design, it may be an invention or a principle, for example. In that case, you should consider other ways to protect your product, such as a patent, utility model or copyright.

A patent gives you an exclusive right to use your invention commercially. Read more about patents.

A utility model, like a patent, gives you an exclusive right to use your invention commercially. It is intended to protect simple device and product inventions. Read more about utility models.

The design is contrary to law and order, or to morality.

An example of this is a design that includes text that insults a certain group of people.

The design is liable to be confused with an official emblem or symbol.

The design may include an official emblem or symbol, such as the Finnish flag or a Finnish municipal coat of arms, or something liable to be confused with them. To register such an emblem or symbol, you need the permission of, for example, the Finnish Ministry of the Interior or the municipality.

The design infringes copyright.

The design may infringe the distinctive title of another's protected literary or artistic work, for instance, or it may infringe another's copyright or right to a photo or protected design. You can overcome the obstacle by getting the consent of the copyright holder.

The design refers to another’s company name or trademark.

The design may give the impression of another's company name or trademark. The owner of the company name or trademark can give you their consent to use the name or mark.

The design is not distinctive enough.

The design comprises features that do not differ substantially from another's registered design or utility model. The owner of the earlier design right can give you their consent to use their design as a part of your design which you have applied for later. 

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Latest update 24.07.2019