CLASS 46
Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
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MONDAY, 19 MAY 2008
Finland: "List of Trade marks with a Reputation"
A link connection ensures that while applying for a trade mark users have the possibility to consider the marks with a reputation. A condition for entry in the list is that the trade mark has a reputation in Finland, as defined in Section 6(2) of the Finnish Trade marks Act. The concept of a trade mark with a reputation is based on the relevant Community legislation. The reputation of the mark is assessed from the perspective of the target consumer group of the respective mark and proof of the reputation must be submitted upon application. The mark must enjoy a reputation in a substantial part of Finland and be familiar to a considerable part of the target group. Marks entered in the list (and removed from the list) are published in the Official Trade mark Gazette. The entry on the list is valid for 5 years. The NBPR further explains that
Posted by: Birgit Clark @ 03.50
Tags: finland, finland trade marks, List of Trade marks with a Reputation,
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Finland: "List of Trade marks with a Reputation"
On the European Offices website (see Class 46 post of 16 May 2008), the Finnish Trade Marks Registry offers background information on the listing of trade marks with a reputation in Finland. In 2006, the National Board of Patents and Registration (NBPR) decided to create a list into which trade marks with a reputation in Finland may be entered upon application. Receipt of applications for entry into the "List of Trade marks with a Reputation"started on 15 August 2007 and by the end of March 2008 the NBPR had received 57 applications. The list, which is separate from the Trade mark Register, can be found at http://tavaramerkki.prh.fi/ltm/.
A link connection ensures that while applying for a trade mark users have the possibility to consider the marks with a reputation. A condition for entry in the list is that the trade mark has a reputation in Finland, as defined in Section 6(2) of the Finnish Trade marks Act. The concept of a trade mark with a reputation is based on the relevant Community legislation. The reputation of the mark is assessed from the perspective of the target consumer group of the respective mark and proof of the reputation must be submitted upon application. The mark must enjoy a reputation in a substantial part of Finland and be familiar to a considerable part of the target group. Marks entered in the list (and removed from the list) are published in the Official Trade mark Gazette. The entry on the list is valid for 5 years. The NBPR further explains that"[The] purpose of the list is to serve commerce and industry, agents and all other stakeholders that for one reason or another need information about reputable marks. The list is helpful when you conduct preliminary examinations and tests of confusing similarity of trademarks, and should thereby have a preventive effect on trademark disputes.More information on the list of "List of Trade marks with a Reputation" can be found by clicking here, more information on the "National Board of Patents and Registration" and its services can be found by clicking here.
If the NBPR, while processing trademark applications, in its examinations finds a confusingly similar mark in the list, this fact will be notified to both the person who filed the application and the owner of the earlier trademark with a reputation. They are both notified regardless of the class or classes in which the mark is sought to be registered.
In the registration process, the information contained in the list will not be considered ex officio as a relative obstacle. It is therefore up to the owner of the earlier trademark with a reputation to decide whether he or she wants to file an opposition against a later registered trademark. The final outcome of an opposition procedure will not ex officio result in any changes in the information contained in the list."
Tags: finland, finland trade marks, List of Trade marks with a Reputation,
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