May 7, 2019The preparation of the Finnish Trademarks Act reform took a long time, but the reform has finally received the final approval. With the signature of the President of The Republic of Finland, the new law became effective on 1 May 2019. Kolster’s Trademarks Director Joose Kilpimaa reminds trademark holders of the opportunities and obligations that the new legislation presents.
The act will harmonise the Finnish legislation with the contents of the new EU Trade Mark Regulation and bring about several practical changes. From the point of view of applicants for new trademarks, the most important change is the removed requirement for graphical representativeness.
“This makes it possible to apply for entirely new types of trademarks − for example, holograms and trademarks that include moving images − in the register,” Joose Kilpimaa describes the new opportunities, limited only by creativity and the general principle of trademark registrations: “you get what you see”.
Besides new opportunities, the reform also contains the obligation to specify classifications that are important for the scope of trademark registrations − even retroactively. This must be done for all trademarks that were applied for before 31 December 2013.
According to the EU Trade Mark Regulation, the registered goods and services must be individualised so that the list of goods and services clearly shows the individual goods and services that the registration covers and that should remain within the scope of the registration.
“The definition obligation applies specifically to trademark registrations that have been applied for by using the so-called class headings. The trademark portfolio should be controlled together with your trademark attorney to ensure that all goods and services that are important for the company’s business are covered by the registrations, even in the future,” Joose Kilpimaa urges.
Classifications for old trademark registrations can be defined at any time. However, it must be done by the following renewal of each registration at the latest.
READ MORE about the reforms that the new Trademarks Act entails, trademarks of the new era and how to use your trademark correctly: