Acquiring Exclusive Rights to a Company Name

There are two ways to acquire exclusive rights to a company name. Firstly, the name may be registered. Registration of a company name grants the holder an exclusive right to the name upon registration in the trade register. Nearly all persons and entities engaged in business activities are required to file a start-up notification with the Trade Register [Trade Register]⁠, in conjunction with which the company name that the business is intended to be carried under, will be notified for registration. Secondly, certain protection is given to established company names. An established company name means that the company’s target audience generally recognizes the company’s name. Establishment of a company name is achieved over a period of time and through wider use of the business name. An exclusive right to a secondary name or symbol may be acquired either though establishment or by registering it as a trademark [Trademarks].⁠

The company name to be registered must individualize the company to a sufficient degree. The individuality requirement means that a name cannot be registered as a company name if it merely describes the nature of the business or the provided goods or services, or is a commonly used place-name. Two or more words that do not fulfill the requirement of individuality in itself may, however, together constitute an individual, company name capable of registration. In addition, the company name must be distinctive both in writing and in pronunciation, when compared to the previously registered company names. Furthermore, the company name must not be misleading or contrary to morality or public order, nor confusingly similar to any other business names or trademarks. When evaluating non-confusability, it is considered whether there are companies with similar names or trademarks that operate in the same or similar industry or line of business. Registration is possible regardless despite confusability, if the owner of the confusingly similar company name issues a written consent for registration.

Prior to choosing the company name, companies are advised to familiarize themselves with already registered company names, which can be found in the Finnish Business Information System (BIS Search). When doing so, it should be borne in mind that prior to entry into force of the current Company Names Act, the law did not provide for a similar individualization requirement for registration of a company name, as is contained in the current Act. Therefore, a number of company names, which do not fulfill the individualization requirement, have been entered into the register (for example, “Nokia Oyj”).