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Is there a time frame for the trademark registration approval?
The average time frame for the registration approval is 10 months, if no objections or oppositions arise.
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If I register my trademark in Finland, do I have protection in other territories?
A registered trademark in this jurisdiction is protected in all geographical areas of Finland and the Aland Islands.
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Do I need to sign a Power of Attorney?
Yes. All applicants are mandated to submit a power of attorney.
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Are there any benefits from a pre-filing use of the trademark?
Yes. Pre-filing use lets the applicant show the mark’s distinctiveness and overcome challenges based on non-distinctiveness.
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Will there be problems in case I don’t use my trademark after registration?
Unless a valid reason can be provided, a trademark that is not in used for 5 consecutive years will be cancelled by a civil court order.
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What are the types of trademark that can be registered in Finland?
Marks that can be replicated graphically and can help distinguish a good/service from its counterparts are acceptable for registration. It can be a:
- Name
- Word
- Slogan
- Colour
- Device
- Shape (must be 3-dimensional)
- Sound
- Smell
- Motion
- Hologram
- Trade dress
- Touch
- Taste
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What are the phases of application after a trademark has been filed in Finland?
The sequence of the application procedure is as follows:
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Examination – The trademark examiners will look at the application’s formality, clarity, classification, deceptiveness, distinctiveness, descriptiveness and conflicts with prior applications.
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Registration – The application will go through a prosecution process and if there are no grounds for refusal, the registration certificate will be issued.
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Publication – The following particulars will be published in print and online:
- mark
- applicant’s country of incorporation
- goods/services
- name, citizenship and address of applicant
- date and number of application
- priority claim
- representation
- status
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What type of trademark is non-registrable?
These marks are prohibited from registration:
- Marks that contradict morality and public policy
- General words or generic terms
- Marks that do not display acquired distinctiveness
- Marks that serve primarily as a surname
- Marks that use flags, names or symbols of states, regions, nations and international organizations
- Marks that serve principally as names of geographic locations
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Does Finland use the "Nice Classification" system?
Yes. This jurisdiction uses the Nice Classification system. However, it use for administrative importance only without any legal bearing.
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Does the Community Trademark apply for Finland?
Yes. Community Trademark registration is effective in Finland.
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Is there any possibility to claim priority in Finland?
Yes. The date of your home application can be claimed as the application date in Finland if:
- Your home country is a signatory of the Paris Convention
- The home application date is within 6 months prior to the application date in Finland
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What do I need to do to satisfy the use requirement?
The mark must be active within 5 years from the registration date. It must be for commercial use and must occur in Finland.
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Once my trademark has been registered, for how many years will be valid?
Registered marks in Finland are initially valid for 10 years counting from the date of its registration.
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What will be the renewal date of my trademark?
The first renewal will be on the 10th year from the date the registration was granted.
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Is it legal to use my trademark even if it is not yet registered?
Yes. You may legally use a mark for selling goods/services even if it’s not yet registered.