The Supreme Administrative Court issued a new decision concerning trademarks with a reputation earlier this year (case KHO:2011:4). The decision concerns likelihood of confusion/association between Nike’s well known figurative Swoosh logo and a similar figurative logo filed by Fujiansheng Jinjiangshi Dixing Xiesu Youxiangongsi.

In 2005 the National Board of Patents and Registration of Finland rejected an opposition filed by Nike International Ltd against International trademark registration 830347 designating Finland on the grounds that, while the respective marks covered identical/similar goods and the earlier mark enjoyed strong protection because of its reputation, the signs themselves were not confusingly similar. The Board of Appeal of the National Board of Patents and Registration of Finland came to the same conclusion and upheld the decision.

The Supreme Administrative Court agreed with the Board of Appeal in that the respective marks weren’t confusingly similar. However, the Court found that the signs were nevertheless similar enough for the public to associate the two marks with each other and concluded that that itself was already sufficient for applying the provisions concerning marks with a reputation - likelihood of confusion is not a necessary condition when the earlier mark has a reputation. Consequently, the Court concluded that the use of the applied mark would take unfair advantage of the distinctive character and repute of the earlier mark and found the opposition well founded.