Scope of Trademark Protection

An essential characteristic of the exclusivity granted by a trademark is that others are prohibited from using in business activities a mark that can be confused with the trademark. As with respect to prerequisites for registration, likelelihood of confusion is generally only possible is the marks cover identical or similar goods or services.

By way of exception to the foregoing, as regards trademarks with a reputation, confusing similarity can be claimed even in relation to non-identical or dissimilar goods or services. The purpose of this exception is to prevent unfair exploitation of, or action detrimental to, such reputable trademarks, even if the goods of services were not confusingly identical or similar per se. The Finnish Patents and Registration Office maintains a list of trademarks with a reputation. However, thus listed trademarks are not taken into account as obstacles to registration, and instead the purpose is to increase awareness of trademarks with a reputation to prevent trade mark disputes. A separate application must be filed with the Board of Patents and Registration in order for a trademark to be listed.

A registration decision issued by the Board of Patents and Registration grants protection only in Finland. Wider protection may be obtained either through international registration of EU-trademark [Exclusive Right to Trademark Internationally].

Exclusive rights of the trademark proprietor expire with respect to products that have been placed on the market by the proprietor or subject to the proprietor’s consent within the European Economic Area. Such expiry is, above all, significant in that it will permit so-called parallel imports of the relevant products in the EEA Member States.

Trademark protection remains in force for ten years from the date of application, after which it may be renewed in further ten year periods. The trademark may be renewed as many times as is desired.