Since Finland is a “first to file” jurisdiction, trademark registration is required to get rights to a trademark. Unregistered trademarks can only be protected in exceptional circumstances. The applications for trademarks must be filed to the Finnish Patent and Registration Office (PRH).
Considering Finland is a member of the European Union, European Union Trademarks (EUTM) are protected in this country. It is also a Madrid Protocol member state. As a result, this country can use the Madrid System to extend an international trademark registration.
A trademark registered in Finland, whether locally or through the European Union, is likewise protected in the Åland Islands.
Finland’s filing requirements
Trademark applications can be filed in English, Swedish, or Finnish; however, if the application is filed in English, applicants must choose either Finnish or Swedish as their processing language.
In order to get the date of filing, a trademark application in Finland must include the following information:
– description of the trademark;
– list of goods and services;
– applicant’s details;
– proof of payment of the filing fee.
The Power of Attorney is not required, but the Office may seek it. It is sufficient to have a copy of the POA.
The submission of the Priority Document is optional, however, the Trademark Office may require it. It is not necessary to translate the Priority Document into Finnish.
Examination, publication, and opposition of a trademark application
In Finland, trademark applications are examined for conformity with formal and registrability standards, as well as a search for prior similar trademarks. A trademark is published after a successful examination. Any interested party has two months from the date of publication of the trademark registration to file an opposition.
Grant, validity term, and trademark renewal
In Finland, there is no fee for trademark registration. The registration in Finland is valid for ten years from the date of filing for trademarks submitted on or after May 1, 2019. The validity term of a trademark granted before May 1, 2019, is ten years from the date of registration. Trademarks can be renewed for ten years periods. Requests for trademark renewal can be submitted after one year before the registration expires, or up to six months after the registration expires, as long as the surcharge is paid.
How long does it take to register a trademark in Finland?
In Finland, the mean duration from filing to the registration of a trademark is two months.
Use requirement
If a trademark is not utilized within five years after registration or for a continuous period of five years or further than that, it may be susceptible to cancellation in Finland.
Representation by a trademark attorney
For international trademark applicants, trademark registration in Finland must be handled by an agent, a trademark attorney who is qualified in the European Economic Area.
You can find the list of Finland IP Firms here.