Trademark

What is a trademark?

A trademark is a symbol for distinguishing products to be offered for sale from those of others.

What can be registered as a trademark?

Any kind of symbol that can be represented graphically and distinguished from those of others, i.e. that for example does not describe the qualities of the goods to be protected, can be registered as a trademark. A trademark may thus be, for example, a word, a device, a combination of a word and a device or even the shape of a product. A trademark should also differ from prior marks registered for the same or similar products

How do I apply for a trademark registration?

A trademark application containing the mark and the specification of goods and services to be protected is filed at a national or regional office of the country or territory (European Union) in which the mark shall be protected. A trademark application in accordance with the international system (Madrid Protocol and Agreement) will be examined by the office of each designated area after the World Intellectual Property Organization (the WIPO) has notified the office in question.

The office examines the requirements for registration, i.e. the distinctiveness of the mark and possible confusingly similar prior marks.

Why should I employ a trademark attorney?

The protection and defence of a trademark contains many aspects that require special expertise from a trademark attorney in order to achieve the desired outcome. A trademark attorney is a professional who is able to assist in all of the often complicated procedures related to trademarks. He or she will consider various alternatives and will take care of the prosecution before the offices of Finland and the European Union (the OHIM). Elsewhere in the world, the attorney cooperates with foreign trademark attorneys.

What is meant by priority?

Priority is based on the Paris Convention, according to which the applicant has six months from the filing of the first trademark application to file an application for the same trademark in other countries that are members of the Convention. This way, the filing date of the first application is considered as the beginning of the protection period also in other countries. Almost all countries of the world - with a few exceptions - recognize priority.

How long does it take to obtain a trademark registration?

The examination period of a trademark application varies between different offices. In Finland, the examination takes approximately 8-10 months. In the European Community Trademark Office (the OHIM), the examination period is somewhat longer, approximately 14-18 months. In some other countries, the examination procedure may last considerably longer.

For how long is a trademark registration in force?

A trademark registration is in force for a fixed period at a time, in most cases 10 years, but a trademark registration can be renewed indefinitely.

What is a European Community Trademark?

A European Community Trademark is a trademark registered by the Office for Harmonization in the Internal Market (the OHIM) and which is in force in the entire European Union, currently incorporating 27 member states (situation 01/2007). The European Community Trademark Registration is applied for with a single application before the OHIM, located in Alicante, Spain.

What is an International Trademark Registration?

For Finland, it means an international trademark registration according to the Madrid Protocol. The registration is based on an existing national or European Community Trademark Application or Registration and is designated to those member areas of the protocol in which protection for the mark is desired. The international trademark is applied for with a single application that is filed via a national or European Union office to the World Intellectual Property Organization (WIPO) located in Geneva, Switzerland. WIPO examines the formalities of the application and forwards the application to the offices of the designated countries where the application will be examined in the same way as national applications.

What do the markings ® and ™ mean?

The marking ® in connection with a trademark means that the mark in question has been protected by registration. On the other hand, the marking ™ means that trademark rights are claimed for the mark even if the trademark is not registered. The registration designation ® should be used in connection with a trademark only when the trademark has been registered in the country or area in question. The use of the marking ® in connection with an unregistered trademark may be considered unfair business practice or misleading marketing.