In Finland, the Register of Trademarks is administered by the Patent and Registration Office (PRH). According to the Finnish Trademarks Act, a trademark must be capable of distinguishing its propietor’s from those of others to be eligible for registration.
The process of applying for a trademark is as follows:
1. The application for registration of a trademark shall be filed in writing to the PRH. There are two ways to apply for a trademark: either with PRH’s online application form or paper form available in Finnish and Swedish.
2. The application must involve the trademark that one wishes to be registered. If several marks are proposed, separate applications for each trademark have to be filed.
3. The proposed trademark can be a word mark, a figure mark or a combination mark. If the proposed trademark is a figure mark or a combination mark, a picture of it has to be attached with 10 reproductions of archival quality, with a maximum size of 8 x 8 cm. If the mark is supposed to be registered in other colours than black and white, all the colours have to be listed in the application. The registration of a mark in black and white permits to use the mark in any colour combination.
4. The applicant must pay the application fee in connection with completing the application.
In 2016, the fee is 215 euros for online applications and 250 euros for paper form applications. The application is not considered to be filed until the fee has been paid.
5. The paper form must be signed by the applicant or by its representative. A copy of application can be send to PRH by email as an attached document or by post. The original application does not have to be send. A copy of the receipt of the application fee has to be enclosed to the application.
6. A foreign applicant with neither domicile nor registered office in Finland must appoint a representative, who is obliged to represent the applicant in all matters concerning the trademark. The name, domicile or registered office and address of the representative must be given in the application. Furthermore, a power of attorney with the application must be enclosed.
7. If the application complies with the requirements to which it is subject, and if no obstacle to registration has emerged in connection with it, PRH shall enter the trademark in the Register of Trademarks and give public notice thereof.
8. The protection of a registered trademark begins on the date on which the application is filed. The registration is valid for 10 years from the registration date, and it can be renewed after every 10 years.
Publisher: Tempo Attorneys at Law Ltd, Finland