Monitor your exclusive right

An essential part of using a trademark is monitoring the trademark right.

As the owner or holder of a trademark you are responsible for making sure that your exclusive right is not infringed by other traders. This monitoring is important in order to keep your exclusive right valid.

We do not monitor the use of trademarks

The PRH is a registering authority and does not monitor the use of trademarks. We cannot answer any questions concerning infringements, trademark disputes, the import or advertising of products, or any other judicial questions.

Keep track of new trademarks

One good way of monitoring your rights is to keep track of your competitors and their trademark applications and registrations. In this monitoring you can make use of trademark databases available free of charge, or buy monitoring services for example from a trademark agency.

Monitoring new trademarks and filing oppositions is especially important with EU trademarks, since the European Union Intellectual Property Office (EUIPO) does not, on its own initiative, count even an identical trademark as an obstacle to a later application.

If you spot a similar kind of trademark pending, you can consider lodging an opposition against this mark after it has been registered and published in the Trademark Gazette.

Read more about how to file an opposition with the PRH.

What to do if you discover an infringement of your exclusive right

If you discover that another trader is infringing your trademark right by using an identical or confusingly similar mark for similar kinds of goods or services, you as the trademark owner can take action over the infringement. You can send the infringer a so-called prohibition letter where you tell about your own right and forbid the infringer to continue the infringement.

If you cannot settle the case through negotiations, you can take it to the Finnish Market Court.

If you are involved in a dispute, it may be worth consulting trademark experts: Go to the Association of Finnish Patent Attorneys website.

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Latest update 30.12.2016