Application for registration

Designs registrations

Domestic applicants may use Finnish or Swedish language in accordance with the language legislation of Finland. Foreign applicants must always file the application form with appendices in Finnish.

Applicant

The applicant shall indicate his name, domicile and address. One or several physical persons and/or legal persons can be entered as applicant. When a private trader applies for registration, the applicant must be entered in the form "A.N. Other, as owner of the trade name A.N.Design". A legal person must always give its official name and official domicile. If there are several applicants and they do not use an agent, they must state in the application which one of them is entitled to receive notifications from the Office.

Agent

The application must include the agent's name, domicile and address. The agent must be a physical person (i.e. not a company).

The applicant does not need an agent if he is domiciled in Finland. He may, however, authorize an agent if he wishes, to represent him before the Office in all matters relating to the application and the registration resulting from it, or only in questions relating to the application. In the first case, the agent is entered in the register, in the second case he is not.

If the applicant is not domiciled in Finland, he must always have an agent resident in the European Economic Area who is authorized to represent him before the Office in all matters relating to the application and the registration resulting from it. In that case, the agent is entered in the register.

A power of attorney must be attached to the application if the applicant is represented by an agent. The power of attorney is always signed by the applicant(s). If the applicant is a company, the power of attorney has to be signed in the name of the company (the company name + signature of the person authorized to sign for the company + the person's name in block capitals).

If the agent is to be entered in the register, the power of attorney N:o 1 is appropriate. In other cases, power of attorney N:o 2 is sufficient. If the applicant is not domiciled in Finland, power of attorney N:o 1 has always to be used.

Creator of the design

The name and address of the creator of the design have to be given. The creator shall always be a physical person, never a company. There can be several creators to a design.

If the design has been created by a person who is not the applicant, a document evidencing the right of the applicant e.g. a Letter of Assignment has to be attached to the application. The assignment shall always be signed by the creator of the design.

Product(s) and product class

The product, for which registration of the design is sought, must be named concisely and unambiguously. The name of the product must not contain a trade mark or a product name, nor any reference to the characteristics of the product. The name can be for example, "Chair", "Bottle neck", "Ornament for paper towels" etc., but not "Chair of birch wood" nor "Plastic chair of the mark 'Great chair'".

The application may contain several designs if the products in the application are referred to the same main class in the Locarno Agreement Establishing an International Classification for Industrial Designs. The designs shall be numbered consecutively, e.g. "1.-5. Bottle", or "1.-4. Bottle 5. Cap".

Designs are classified according to their purpose of use under the Locarno Agreement. The classification suggested by the applicant is always checked by the Office. List of Classes

Registration in black and white, or in colour?

Cf. Representations

Representations

The representations of the design are the most essential part of an application. The extent of protection is determined by the representations. What cannot be viewed in the representations cannot be protected either.

An application cannot be listed as pending if it is not accompanied by representations or a model of the design. If the application first includes only a model, the representations must be delivered subsequently. An application with neither representations nor a model can become pending only when the applicant claims priority. In such a case, also a priority certificate in addition to the representations must be supplied later.

Remember this when submitting representations.

Specimen of the design

If desired, the applicant may attach a specimen of the design to the application. However, it is not compulsory. In a case of conflict, the appearance of the design will be determined by the specimen of the design. The specimen must be of durable material and must not exceed 40 centimetres (15.6 in) in any dimension or weigh more than 4 kilograms (8 lb 13 oz). An object that is subject to decomposition or that is dangerous may not be deposited as a specimen. Although a specimen of the design is deposited, the representations must always be attached to the application. The specimen of the design and the representations must always present the same design down to the very last detail.

Priority

If the applicant wishes to claim priority from an application for registration of a design made in a country outside Finland, the application must state the country where the first application was made, the date of the first application and the number of the application.

The applicant must absolutely claim priority as early as on filing the application. A priority claim made later on cannot be taken into consideration.

The application from which priority is claimed shall be filed within six months from the date of filing of the first application abroad. See Priority procedure

Publicity / secrecy

The application can be kept secret up to 6 months calculated from the filing date, or, if the applicant claims priority, from the day on which priority is claimed. If the application is dismissed as abandoned or rejected during the period of secrecy, the documents will not be available to the public unless the applicant requests reinstatement of the application for examination or lodges an appeal. If the application is withdrawn during the period of secrecy, it will not be made public. It is advisable to mention in the application that it is to be kept secret. Secrecy is not disadvantageous to the applicant; in some cases it can be an advantage. The applicant must, as early as on filing the application, mention in the application that it is to be kept secret. A claim made later cannot be taken into consideration.

Fees

The fees can be paid at the Registry at our Client Service, or to the PRH's account. See price list.

Please indicate the mode of payment in the application form. Please note: The application becomes pending only after the application fee has been paid. If the application is rejected, dismissed as abandoned or withdrawn, the fees paid will not be refunded.

Signing of the application

The application must be signed by the agent or the applicant. If there are many applicants, they must all sign the application. If the applicant is a company, the application must be signed in the name of the applying company (the company name + signature of a person authorized to sign the company name + the person's name in block capitals).

Submitting the application

The application can be submitted to

Finnish Patent and Registration Office
Design Rights Unit
P.O.Box 1170
FI-00101 HELSINKI
FINLAND

or delivered in person to PRH Registry, street address:
Arkadiankatu 6 A, 00100 Helsinki