List of marks with a reputation set up in Finland
Since August 15 2007 owners of marks with a reputation may apply to the Finnish National Board of Patents and Registration (Patent Office) to register their marks onto a list that will be checked against new trademark applications.
The Patent Office will notify owners of marks entered on the list when another party files an application to register a mark liable to be confused with the senior mark. These notifications (which also go to the applicant) are given regardless of the goods and services covered by the applied-for mark. Listed trademarks will not be considered ex officio as relative grounds for refusal. Instead, the owner of the reputed trademark may file an opposition against the application.
Entry onto the list requires that the mark owner prove the reputation of the mark in Finland. The concept of a 'trademark with a reputation' is based on Finnish and EU legislation.
The reputation of the mark is assessed within the target group of the mark. The assessment is based on the overall evaluation of the material which may include advertising and other marketing material, brochures, sales volumes, market shares, market research, newspaper articles, declarations from consumers and organizations, as well as any other material establishing the use and the reputation of the mark in question.
The official application fee to join the list is €1,700; if the trademark is accepted onto the list, there is an additional registration fee of €800. Entry onto the list will remain in force for five years, after which it can be renewed with supporting evidence.
Jenni Ihalainen, Berggren Oy Ab, Helsinki
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