Nov 18, 2021 (Newsletter Issue 16/21)
Customer Service Reopened
The Finnish Patent and Registration Office (PRH) opened its customer service in Helsinki on October 1, 2021, after being closed due to the coronavirus.
The service is open from Monday to Friday between 12.00 and 16.15 until further notice.
There are instructions for walk-in customers at the customer service entrance (Sörnäisten rantatie 13 C).
Source: www.prh.fi
Nov 18, 2021 (Newsletter Issue 16/21)Companies that Failed Filing Financial Statements Are Removed from Trade RegisterOn September 22, 2021, the Finnish Patent and Registration Office (PRH) removed limited liability companies and co-operatives from the Finnish Trade Register that had not filed their financial statements despite several reminders in 2021.
The PRH's right to deregister companies that have not filed their financial statements is based in each case on either the Finnish Limited Liability Companies Act (chapter 20, section 4) or the Finnish Co-operatives Act (chapter 23, section 4).
Companies that have been removed from the register are out of business. They may apply for re-registration in the Finnish Trade Register. For instructions on how to apply, click here
For more information on the announcement, please click hereSource: www.prh.fi Mar 19, 2020 (Newsletter Issue 4/20)Official Fee ChangesThe Finnish Patent and Registration Office (PRH) announced changes to their fees as of January 1, 2020.
In trademark matters, the PRH has introduced different fees for oppositions, applications for revocation or invalidation, and applications concerning registered trademarks which you can see below:
- Fee for filing an opposition to a registration is EUR 325 by email or on paper and EUR 275 online.
- Fee for administrative revocation or invalidation is EUR 450 by email or on paper and EUR 400 online.
- Fee for entry in the Trademark Register (for each entry) is EUR 150 by email or on paper and EUR 100 online.
In design right matters, the PRH abolished the publication fee. The application fee has been raised to EUR 250. If you file the application on paper or by email, the application fee is EUR 300.
For more Information, please click hereSource: www.prh.fi Jun 20, 2019 (Newsletter Issue 8/19)New Trademarks Act in ForceThe Finnish Patent and Registration Office (PRH) informs that the new Finnish Trademarks Act entered into force on May 1, 2019. The most important changes can be seen below:
- Only online applications and renewals
- Specifying the list of goods and services of old registrations
- New administrative procedure for revocation and declaration of invalidity
- New online services
- Requirement for personal identity code
- The Trademark Gazette no longer publishes renewals and changes to registered Trademarks
For more information, please check the PRH’ website here and the article provided by the law firm Borenius Attorneys Ltd, Finland hereSource: www.prh.fi Oct 30, 2018 (Newsletter Issue 18/18)Draft Trademarks Act BillThe Finnish Trademarks Act has been revised and a Government bill was submitted on October 18, 2018. It is intended that the new Trademark Act is to enter into force on January 1, 2019.
The Government bill proposes to implement the revised EU Trademark Directive, to enforce the Singapore Treaty on the Law of Trademarks and to bring the present trademark regulation up to date. In addition, the Government bill includes amendments to related legislation such as the Finnish Company Names Act, the Criminal Code and relevant procedural acts. The new Trademarks Act will also result in the annulment of the current Finnish Act on Collective Marks since the provisions concerning collective marks and control marks will be included in the new Act.
Some of the key amendments are the following:
- administrative procedure for the revocation and declaration of invalidity in addition to the current civil proceedings
- administrative procedures to deal with partial or total revocation of company names and auxiliary trade names in addition to the current court proceedings; however, such alternative administrative procedures would be limited to cases of non-use.
- invocation of the five-year partial or total non-use of a claimant’s trademark or trade name as a defence in opposition, revocation, or invalidation proceedings.
- waiver of the graphical representation requirement
- new classification rules
- the introduction of an exclusive right of a Finnish trademark owner in situations where counterfeit goods are caught in transit
- introduction of a clear provision criminalising infringement of EU trademarks (typically counterfeits)
Further, under the Government bill, owners of registrations filed before October 1, 2012, using the Nice class headings (or only class number if filed before 1996) shall specify their list of goods and services to ensure that they follow the new classification provisions by the renewal of the respective trademark registrations.
For further information, please check the article of the law firm Borenius Attorneys Ltd hereSource: www.borenius.com Sep 06, 2018 (Newsletter Issue 15/18)
The New Trade Secrets Act in Force
The new Trade Secrets Act takes effect on August 10, 2018 which ended now the process of implementing the EU Trade Secrets Directive 2016/943/EU in Finland.
The new Act replaces the provisions of the Unfair Business Practices Act on the unlawful use of trade secrets and technical specifications, and provides clearer and harmonised definitions at the EU level for trade secrets and for the lawful and unlawful acquisition, use and disclosure thereof.
In addition, the Act offers more specific and extensive civil remedies against the unlawful acquisition, use or disclosure of a trade secret, such as provisions that enable courts to order not only precautionary measures, injunctions and damages, but also corrective measures and – under certain conditions – compensation for use instead of an injunction and corrective measures.
The Finnish district courts now will have jurisdiction to decide both civil and criminal cases concerning the unlawful exploitation of trade secrets, whereas the Market Court will hold parallel jurisdiction in civil proceedings where the respondent acts as a legal entity or an entrepreneur.
Source: www.borenius.com
May 22, 2018 (Newsletter Issue 10/18)New Finnish Trademarks Act ProposedThe Finnish Ministry of Economic Affairs and Employment working group in 2016 for a total revision of the Trademarks Act. The working group submitted its draft Government Proposal for a new Trademarks Act to the ministry on March 19, 2018. The draft proposal is available on the website of the Ministry of Economic Affairs and Employment (in Finnish). The new Trademarks Act will implement the revised Trademark Directive and enforce the Singapore Treaty on the Law of Trademarks. A large amount of substantive and procedural changes will be introduced.
The draft Government Proposal also introduces amendments to related laws, particularly to the Company Names Act. In addition, the new act would result in the annulment of the current Act on Collective Marks, while provisions concerning collective marks and control marks would be included in the new act.
Some of the proposals are the following:
- Introduction of an administrative procedure for the revocation and declaration of invalidity of a trademark parallel to the current court proceedings.
- Revocation of company names within corresponding administrative proceedings in addition to current court proceedings.
- Holders of trademark registrations applied for before October 1, 2012, for class headings will need to specify their list of goods and services to ensure that it follows the new classification provisions.
- Further notable changes are the waiver of the graphical representation requirement, the introduction of the exclusive right of a Finnish trademark owner in transit situations, and the introduction of a clear provision criminalizing infringement of EU trademarks (typically counterfeits).
The draft Government Proposal will be handed over to Parliament during the autumn session of 2018, and the new Trademarks Act is intended to enter into force by January 2019.
For further information, please check hereSource: www.borenius.com Feb 13, 2018 (Newsletter Issue 3/18)Official Fees on Notification Search IncreasedThe Finnish Patent and Registration Office (PRH) increased the official fees for providing further details on notifications through the notification search via the Office’s Virre Information Service as of December 1, 2017.
The fee covers getting details such as the processing information of a notification sent to the Trade Register, the details of the officer in charge and the details registered based on the notification.
The price list for Virre can be seen here. To enter the Information Service, please click here.Source: www.prh.fi Feb 13, 2018 (Newsletter Issue 3/18)
Patent and Registration Office Moved
The Finnish Patent and Registration Office (PRH) has moved as of December 8, 2017.
The new address is the following:
Finnish Patent and Registration Office (PRH)
Sörnäisten rantatie 13 C
00091 Helsinki
Finland
The customer service will be open from Monday to Friday 9 am to 4:15 pm as previously.
Source: www.prh.fi
May 31, 2017 (Newsletter Issue 10/17)
Official Fees Increased
The Patent and Registration Office’s (PRH) increased the official fees for trademarks. The fee increase went into force on May 1, 2017.
The official fee for filing a trademark application for the first class is now EUR 225 if made online, and EUR 275 if made by paper form. The official fee for each additional class is now EUR 100.
Source: www.prh.fi
Jan 20, 2016 (Newsletter Issue 1/16)Pricing Structure and Official Trademark Fees ChangedThe Finnish Trademark Office announced that they have changed the pricing structure and some of the fees for trademarks on January 1, 2016.
Some changes to registered trademarks are now free of charge, such as changes to the owner's name or domicile, and changes of representative. The fee for other changes, such as transfer or pledging, has been raised from EUR 50 to EUR 100.
For renewals of trademarks and collective marks, the Office has introduced a two-tier pricing system, where the fees for renewals done online in Finnish or in Swedish are lower than via paper forms. The renewal fee is EUR 275 online, and EUR 300 via paper form.
For more information, please click here
Source: www.prh.fi May 27, 2015 (Newsletter Issue 8/15)
Fast-Track Processing for Trade Register Notifications
The Finnish Trademark Office announced that they have improved the processing of filing the Trade Register online in collaboration with the Finnish Tax Administration.
The processing time has been reduced to 1-2 days when filing notifications online via the Office's website at ytj.fi.
The following online filing services are provided:
- changes to company’s address or contact details (available for all company types)
- changes to boards of directors or other persons responsible for limited liability companies or housing companies
- setting up a limited liability company online
The online filing services are only available in Finnish and Swedish.
Further, the Office points out that it is cheaper to file notifications online than on paper.
Source: www.prh.fi
Jan 21, 2014 (Newsletter Issue 1/14)
Name of Trademark Office Changed
The trademark office in Finland has changed its name from National Board of Patents and Registration of Finland (NBPR) to Finnish Patent and Registration Office (PRH).
The new abbreviation PRH comes from the Finnish name (Patentti- ja rekisterihallitus) and will also be used in English.
The Finnish and Swedish names remain the same.
www.prh.fi
Dec 17, 2013 (Newsletter Issue 18/13)
Trade Register Act Soon Amended
The Finnish Trademark Office announced on its website that the Trade Register Act will be amended at the beginning of 2014. The amendment requires that the last four digits of the personal identity code and home addresses must not be publicly displayed. The legislation reform substantially affects the Trade Register’s information services and the notifications sent to the register.
From the start of 2014, the Trade Register basically continues to be a public register providing a wide range of information on businesses and their operations. However, the amendment to the Act will mean that the information contained in the register will decrease and the information provided on personal data will be reduced. Disclosing the last four digits of the personal identity code from the Trade Register will no longer be allowed; in addition the information on home addresses of natural persons living abroad will be strictly regulated.
Source: www.prh.fi
Jun 14, 2013 (Newsletter Issue 9/13)E-filing Now PossibleThe new Trade Mark e-filing went live in the pilot office of the Finnish Trademark Office (PRV) on 5 June 2013 after an extended period of testing. This is a major milestone for the European Network, as it represents the first installation of the new core business application developed by the Cooperation Fund, which is expected to contribute significantly to the modernisation of systems across all offices including OHIM.
The Finish Trademark Office is providing a wide range of online services including services relating to notifications, applications and registrations.
Please click here for more information on services that are available in English.
Source: www.oami.europa.eu, www.prh.fi May 02, 2013 (Newsletter Issue 6/13)
Cash Payments No Longer Allowed
The Finnish Trademark Office announced that their Client Service no longer accepts payments in cash starting from 1 May 2013. From now on, payments can be made by bank tranfers and credit cards.
Source: www.prh.fi
Nov 01, 2012 (Newsletter Issue 16/12)
Use of Class Headings
The Finnish Office announced that if the list of goods and services of a trade mark applied for before October 1, 2012 includes an entire class heading, the National Board of Patents and Registration of Finland interprets the list of goods and services as covering all goods or services in that class at the time of the application.
From October 1, 2012, the applicants must indicate in the trade mark application whether by using a class heading, the applicant wants the application to cover all goods or services included in the Nice Alphabetical List of that class at the time of the application. This can be done by indicating after the class heading that the application also covers all other goods, or all other services, in that class in the Nice Alphabetical List.
If not clarified, the application will only cover goods or services included in the literal meaning of the individual terms in the class heading.
The Nice Alphabetical List only includes some of the goods or services that are classified in a particular class. If you seek protection for any goods or services not clearly included in any class heading, you should write what the goods or services are, to make it clear that those goods or services are included in the list.
Source: www.prh.fi
Jan 01, 2011 (Newsletter Issue 1/11)
Trademark Act Amended
The Finnish Parliament has amended section 31 of the Finnish Trademarks Act. It requires that a trademark applicant or proprietor not domiciled in Finland must have a representative resident in the European Economic Area. At the application stage, it is sufficient to submit a power of attorney authorising a representative to represent the client in all matters concerning the application. When the trademark is registered, the proprietor of the trademark must however have a representative resident in the European Economic Area who is authorised to represent the client in all matters concerning the trademark and is entitled to receive summons etc. on behalf of the client in all matters concerning the trademark. The power of attorney submitted at the application stage is therefore no longer sufficient for the registered trademark.
If an applicant or a proprietor of a registered trademark does not have a duly authorised representative, and the applicant or proprietor does not correct the deficiency within a certain time limit, the application will be considered withdrawn or the mark will be removed from the register.
It came into force on January 1st, 2011.
Source: BORENIUS & Co Oy Ab, Helsinki, Finland and www.prh.fi
Jul 01, 2010 (Newsletter Issue 12/10)
Commercial Service Fees Increased
The National Board of Patents and Registrations of Finland (NBPR) has increased the VAT rate on some of the commercial services by one percentage point from 22% to 23%, effective by July 1st, 2010.
Commercial fees for preliminary examinations and the entry in the list for trademarks with a reputation are affected by the VAT rate of 23%.
Fees relating to trademark applications and registrations are exempt from the VAT.
Source: www.prh.fi
Jul 01, 2010 (Newsletter Issue 12/10)
Trademark Classification Practise Changed
The National Board of Patents and Registration of Finland (NBPR) announced that trademarks registration applicants must specify the goods to which "retail services" are related under class 35, effective June 1st, 2010.
Source: www.marques.org
Legal basis is the Trademark Act of May 1, 2019. The new Act has implemented the Singapore Treaty and the EU Directive (EU) 2015/2436 to approximate the laws of the EU Member States as well as earlier EU trademark related Directives.
A national Finnish trademark is automatically valid in Åland, no separate measures are required.
Finland is a member of the Madrid Protocol and the European Union.
Priority of a trademark registration is determined by the application date or the priority date. Trademark right is acquired either through registration or use, after the mark has established which normally takes years.
Nice classification, NCL (12-2023)
A trademark may consist of any sign capable of:
a. distinguishing the goods or services of one undertaking from those of other undertakings; and
b. being represented on the register in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor. (graphical representation not mandatory)
The following trademark types are registrable: trademarks, collective marks and certification marks.
Protectable non-traditional trademarks: 3-D, colours, sounds, holograms, pattern, position, animation, multimedia, motion. This list may not be exhaustive.
Please note that the registration of a single colour as a trademark tends to be impossible without proving the acquired distinctiveness. Registration of colour marks consisting of two or more colours is easier. The more colours the more likely the mark will be accepted by the Office.
The application is filed at the Finnish Patent and Registration Office (PRH).
Multiple-class applications are possible.
An applicant domiciled in the European Economic Area (EEA) can apply for a trademark without using a representative. A trademark applicant or trademark holder not domiciled in the EEA must have a representative resident in the EEA. Either a legal or a private person can act as an agent. Trademark Applications can be submitted in Finnish, Swedish or English. However, even if the application is filed in English, applicants must choose either Finnish or Swedish as their processing language.
As a rule, those acting as representatives will no longer have to submit a power of attorney to the PRH as of May 1, 2019. The PRH may however ask for a power of attorney if they have a special reason to doubt the authority of the representative or the scope of their authority.
A domestic registration is not needed if the foreign country does not require a domestic registration from Finnish applicants.
The processing time from application to registration (smooth case) is approximately one months. The time from application to an office action in respect of relative and absolute grounds is approximately one month.
The application process includes a formal examination, an examination of distinctiveness and a search and citations of prior trademarks, company and family names. Letters of consent are accepted to overcome citations of prior trademarks and company or family names.
After registration, the trademark is published in the trademark journal.
National:The opposition period is 2 months from the publication of the trademark registration.
Details regarding the
Opposition Period against designation of IR Mark are available in our publication on this topic
here
For trademarks filed on or after May 1, 2019, the duration is 10 years from application date. The registration is renewable for periods of 10 years.
Before May 1, 2019, the trademark duration was 10 years from the date of registration.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official fee for filing a trademark application for the first class is EUR 225 if made online, and EUR 275 if made by paper form. The official fee for each additional class is EUR 100. There is no registration or publication fee. Please note that filing on paper is only allowed under exceptional circumstances in practice only if the online filing system does not work.
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Practical details on trademark licensing are available in our publication
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More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
Trademark Licensing
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Nov 10, 2023
Boco IP Oy Ab, Helsinki, Finland