Trademarks may also fail to be registered for other reasons

Your trademark may also fail to be registered because of any of the following reasons.

The mark includes a name or surname used in Finland

A surname is not, however, an obstacle to registration if it forms a part of the applicant’s name or if it is also used as a first name or a common noun for an object or a thing, for instance Heather/heather (in Finnish Kanerva/kanerva) or Smith/smith (in Finnish Seppä/seppä).
Otherwise you can overcome the surname obstacle by getting the consent of all holders of the surname.

You can search for surnames used in Finland on the Population Register Centre's website.

The mark is contrary to law and order, or to morality

For example, it is not possible to register a mark that glorifies drugs.

The mark is misleading in terms of the qualities of the product or service

For example, if the applicant is Finnish, the trademark must not give the impression of France, like “Parfum de Paris". You can overcome the obstacle by reducing the list of goods so that it includes only products which come from the country in question.

The mark includes an official emblem (a national flag or the armorial bearings of a Finnish municipality, for instance) or something liable to be confused with them

To register such a mark, you need the permission of, for example, the Finnish Ministry of the Interior or the municipality.

The mark infringes the distinctive title of another's protected literary or artistic work, or it infringes 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 mark is liable to be confused with a mark used earlier by another party, and the applicant was aware of that use when filing the application, and had not used the mark before the other party

The applicant has thus acted deceitfully, knowing that the trademark was already in use.

The mark is liable to be confused with the registered name of a plant variety

There is an obstacle to registration according to Council Regulation (EEC) No. 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs.

With the exception of the two last cases, it is usually possible to register the trademark if the party whose right is concerned agrees to the registration.

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Latest update 02.05.2017