Finland

The top filers and a vision for the future: inside EUIPO operations

Less than a year into Christian Archambeau’s tenure as executive director, the EUIPO is laying the groundwork for future expansion. World Trademark Review’s annual focus on the office assesses current operations, reveals the most proactive filers and explores how the agency is taking a global view of trademarks.

The top filers and a vision for the future: inside EUIPO operations
Major changes in Finnish trademark law: what IP practitioners need to know
5 Jun 2019

Major changes in Finnish trademark law: what IP practitioners need to know

A new Trademarks Act has come into force in Finland, ushering in significant changes for those seeking to protect brands in the country. We speak with leading experts about what international rights holders should be aware of.

Finnish IP office launches chatbot, Lazada signs MOU and JPO fakes campaign: news round-up
30 Nov 2018

Finnish IP office launches chatbot, Lazada signs MOU and JPO fakes campaign: news round-up

In our latest round-up, we look at luxury brands avoiding Black Friday discounts, Edible Arrangements filing a trademark lawsuit, a huge counterfeit haul in Paraguay, and much more.

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11 Sep 2020

Supreme Administrative Court: goods in Class 25 and services in Class 41 may be complementary

This decision of the Supreme Administrative Court of Finland in a case involving the mark NFC FIGHT NIGHT in Class 25 and the earlier mark UFC FIGHT NIGHT in Class 41 may lead to an increased number of oppositions claiming that goods and services are complementary. Read more

4 Feb 2020

Market Court: no risk of confusion between PUMA and RUMA

In a somewhat controversial decision, the Market Court of Finland has confirmed that there is no likelihood of confusion between the figurative marks PUMA and RUMA, which both cover goods in Class 25. Read more

20 Nov 2018

Russian president on fakes, Google trademark win, and tale of the counterfeit-catching brothers: news round-up

In our latest round-up, we look at Pakistan stepping up its fight against fakes, the Finnish IP office reminding users about an impending trademark change, IP Australia seeking user input, and much more. Read more

17 Aug 2018

A-Z guide of EU trademark court practice and performance: Finland to Hungary

In the second of our five-part series, trademark counsel from law firms across Europe provide an overview of the performance of their countries’ EU trademark courts over the last two years. Read more

Anti-Counterfeiting

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29 May 2007

Relevance of ECJ's Montex decision discussed by Helsinki court

In <i>adidas International Marketing BV v Intermar Simanto Nahmias</i>,
the District Court of Helsinki has held that the defendant's figurative mark
JUMP was confusingly similar with the plaintiff's well-known three-stripe figurative
mark. Among other things, the court concluded that the European Court of Justice's
ruling in the case of <i>Montex Holdings Ltd v Diesel SpA</i> did not apply
as the goods at issue were not destined for the EU market.

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16 Mar 2007

Customs campaign against pirated goods raises awareness

Finnish Customs launched an extensive consumer information campaign
against counterfeit and pirated goods to coincide with International Customs
Day on January 26 2007. The theme of the International Customs Day this year
was the battle against counterfeit goods and other IP rights violations. The
fight against counterfeiting is now among the highest priorities of the European
Union and the World Customs Organization.

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24 Feb 2003

Supreme Court approves destruction of fakes

The Supreme Court has allowed an action against two shipping agents
to have counterfeit goods destroyed even though the agents were not found guilty
of trademark infringement. The court held that allowing the action was necessary
in order to comply with the principles of EU counterfeiting legislation.

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Brand management

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20 Dec 2011

Talking point: Industry developments 2011-2012

WTR asked a range of trademark professionals, industry representatives and legal specialists to highlight the issues that they felt were most significant in 2011, either in their respective jurisdiction or internationally, and what they anticipate will be the major developments in 2012

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Enforcement and Litigation

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21 Dec 2017

Litigation procedures and strategies: Finland

In June 2016 a working group was appointed to draft a proposal for a new trademark act in Finland, implementing the 2015 EU Trademark Directive (2015/2436) and the Singapore Treaty on the Law of Trademarks. Read more

15 Dec 2016

Using a logo on a website may constitute trademark infringement

The Finnish Market Court has ruled that the use of a registered device mark (logo) on the website of a car maintenance and repair business can be considered an infringement of a trademark, as use of a logo (instead of a mere word mark) was considered to be unnecessary. The court found that the use of the plaintiffs’ device marks on the defendant’s website might have caused the public to believe that the companies were economically linked.

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13 Dec 2016

Litigation procedures and strategies: Finland

The main piece of national trademark legislation in Finland is the Trademark Act (7/1964, as amended). Finland is an EU member state. Therefore, the EU Trademark Regulation (207/2009, as amended by Regulation 2015/2424) is directly applicable. In addition, Finland has implemented the relevant EU directives, in particular the 2008 EU Trademark Directive (2008/95/EC). Read more

19 Oct 2015

Dairy giant Arla restrained from selling dairy products under ARLA SKYR mark

In <I>Mjólkursamsalan ehf v Arla Oy</I>, the Finnish Market Court has issued a temporary injunction preventing Arla Oy from using the mark ARLA SKYR in relation to "dairy products". Although '<I>Skyr</I>' is an Icelandic cultured dairy product, the court found that the applicants had demonstrated that they had valid registered trademark rights to the word mark SKYR in Class 29.

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Online

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1 Dec 2017

Vallila unsuccessful in reverse domain name hijacking

The World Intellectual Property Organisation Arbitration and Mediation Centre has decided on a dispute between Oy Vallila Interior Ab and Linkz Internet Services which concerned the ‘vallila.com’ domain name. It found that the respondent had not registered or used the domain name in bad faith, instead finding that the complainant had brought the proceedings in bad faith and had attempted reverse domain name hijacking. It therefore rejected the complaint.

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7 Dec 2012

'.fi' flying high, but DNSSEC still waiting to take off

A recent article published by FICORA, the organisation responsible for the administration of ‘.fi’ domain names, highlights a continuing lack of awareness with regard to DNSSEC. The article indicates that, of the more than 300,000 ‘.fi’ domain names currently registered, only 63 are protected by DNSSEC.

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6 Jul 2012

Hundreds of '.fi' domain names under investigation by FICORA

FICORA, the Finnish registry, has announced that it was examining "hundreds of deliberately misspelled ‘.fi’ domain names" covering Finnish companies and services, which were registered to a Finnish registrant via a Maltese registrar. It is very rare for a registry to intervene in this manner, seemingly upon its own initiative.

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30 Nov 2004

New bill would give private persons the right to apply for domain names

The government has put forward a proposal that, if enacted, would make
significant amendments to the Domain Names Act. The proposal would (i) allow
private persons over the age of 15 to register domain names in the country-code
top-level domain '.fi', and (ii) facilitate the use of private persons' names
as domain names.

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Portfolio Management

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11 Jan 2018

Finnish court requests preliminary ruling regarding colour mark

The Finnish Supreme Administrative Court has requested a preliminary ruling from the European Court of Justice regarding a colour trademark, which had been rejected on the grounds that it did not meet the requirement of graphical representation.

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20 Nov 2017

Number 12 distinctive for door handles

The Finnish Supreme Administrative Court has annulled a decision to refuse registration of the number mark 12 for door handles, stating that since it was not reasonably foreseeable that consumers would associate 12 with the number or price of the door handles, the mark was not devoid of distinctiveness. The decision demonstrates that trademarks consisting of numbers can be registered but will have a weak distinctive character.

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27 Sep 2017

Finnish court finds SKYR mark invalid

The Finnish Market Court recently ruled that Mjólkursamsalan ehf’s registered word mark SKYR was invalid. The court noted that in some publications the word ‘skyr’ had long been used as a generic word describing the nature of certain Icelandic fermented dairy products. The mark was therefore held to be non-distinctive.

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20 Apr 2016

Supreme Court declares Verkkokauppa.com mark to be well known and worthy of protection

In <i>Verkkokauppa.com v Veneilijänverkkokauppa.com</i> the Supreme Court has quashed two lower-court decisions, ruling in favour of the owner of Finnish trademark Verkkokauppa.com. The action was based on the 2004 registered word trademark covering "retail and e-commerce" in Class 35.

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Trademark law

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18 Sep 2015

Finland

The above-listed national statutes also implement the relevant EU directives. EU regulations apply directly.

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25 Mar 2015

Market Court: 'snow camouflage' patterns not confusingly similar

The Market Court has issued a decision in a case concerning the protection of trademark rights in a 'snow camouflage' pattern. Among other things, the court found that the plaintiff's use of the pattern had not been consistent and that the evidence did not sufficiently show that the pattern was used as an indicator of the origin of the goods.

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3 Jul 2014

Number 365 held to be descriptive in relation to tyres

The Market Court has upheld a decision of the Trademark Office in which the latter had held that the mark RENGAS365 (meaning 'Tyre365') lacked distinctiveness. Among other things, the court held that, when used together with the word '<I>rengas</I>' (‘tyre’), the number 365 described the fact that “the goods or services are usable or available all year round”.

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28 Feb 2014

Market Court favours more lenient approach to marks with geographical connotations

The Market Court has overturned the Trademark Office’s refusal to register the mark SAINT TROPEZ for goods and services in Classes 18, 25 and 35 on the ground that it was geographically misleading. Among other things, the court held that the mark, used in connection with the goods and services at issue, would not be perceived as an indication of geographical origin.

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