In another recent case involving trade mark establishment, Helsingin Taksi-Data Oy (HTD), a corporation of Helsinki area taxi owners, brought an action against TJP Lines Oy (TJP), a passenger transport carrier, at the Helsinki District Court requesting the court to:

i) confirm that HELSINGIN TAKSIKESKUS (translation: Helsinki Taxi Central) was HTD’s trade mark and auxiliary trade name or secondary symbol;

ii) revoke TJP’s auxiliary trade name or to confirm that TJP could not use the auxiliary trade name in the Helsinki area; and

ii) enjoin TJP from using the symbol or auxiliary trade name in its business operations under penalty of a fine.

HTD claimed that it had acquired exclusive rights to the trade mark (or at least to the auxiliary trade name or secondary symbol) through establishment.

The court confirmed that HELSINGIN TAKSIKESKUS had become established as a result of 50 years of use. However, the use had not been use as an auxiliary trade name, and accordingly, the Helsinki District Court denied HTD’s request in that regard. In any case, the court confirmed that HELSINGIN TAKSIKESKUS was HTD’s trade mark and secondary symbol. It also revoked TJP’s auxiliary trade name and enjoined it from using:

i) the symbol in its business operations; and

ii) the auxiliary trade name in the Helsinki area under penalty of a fine.

The court also went on to state that seeing that TJP did not have the prerequisite taxi license, its use of the symbol had misled the public and the injunction and revocation were in order based on this fact alone.

In its decision of 30^th May 2008 (S 07/2167) the Helsinki Court of Appeal denied TJP’s appeal and maintained the lower court’s decision in entirety.