Trademark Rights

Many types of trademarks can be protected. Trademarks may comprise words, graphic symbols, slogans, or appearances of products. As a result, trademark protection is a considerably more extensive protection tool than is commonly perceived.

An exclusive right to a trademark (trademark right) is obtained in Finland by either registering or establishing the trademark. Trademark right based on registration is the most reliable way of obtaining an exclusive right to the trademark.

What is meant by establishing a trademark is that according to the perception of the target group of the product, the used trademark originates from a certain commercial source. It depends both on the trademark and the product how long and how much the trademark should to be used in order to establish it. However, most often it is required that the trademark is widely known and has been used for several years throughout the entire country. In trademark infringement cases, the owner of an established trademark will always first have to prove their exclusive right to the trademark. It is always uncertain whether proof of establishment will be accepted as evidence, and it is also expensive and slow to acquire. Furthermore, selling an established trademark is problematic.