What is a trademark?

A trademark is an identifier that separates a company’s products or services from those of other operators. A trademark is a strategically important asset to a company. A properly protected, used and enforced trademark is the foundation of a strong and distinctive brand. 

A trademark plays a key role in a company’s marketing and communication efforts. It increases awareness of your products or services and creates added value. A registered trademark gives its owner the exclusive right to use the trademark together with certain products or services. With this exclusive right, the owner of the trademark can prevent others from using similar identifiers when marketing and selling similar products or services. 

A well-maintained trademark does not only protect the company’s reputation and distinct nature; it can also significantly increase business value and competitive edge.  

What is required of a trademark?

A trademark: 

• Must be distinctive (must not describe the product’s kind, quality, use)
• Must be distinguishable in relation to other marks
• Possible to give a clear and accurate graphical representation of the mark in the register

Examples of what can be registered as trademarks:

• Words
• Patterns and color combinations
• Three-dimensional shapes
• Slogans, sounds, multimedia signs and numbers

You can obtain the exclusive right to use a trademark:

• By registering the trademark
• Establishing it in practice (requires long-term use and proof)

Registration is a recommended method as it gives a clear and easily verifiable legal basis.

National trademark registration

In Finland, trademarks are registered with the Finnish Patent and Registration Office (PRH). A trademark is a regional right, which means it is valid only in the country in which it was registered. 

Here are a few things that will be assessed during the application process:

• Is the trademark distinctive? 
• Does it conflict with previously registered trademarks? 

Even though the classification system for products and services has been harmonized (in accordance with the Nice classification system), the national interpretations in different countries may vary from each other. In some countries, the officials will examine the previous rights officially, in others, they will not. This is why we recommend for you to monitor the register actively, for example, in our enforcement service.

European Union trademark (EUTM)

The EU trademark (EUTM) provides protection in the entire European Union region with one application. The application is filed with the EUIPO (European Union Intellectual Property Office), and the protection is indivisible, which means that you cannot register the trademark in any EU country if one of the member states does not accept your registration. 

The EUTM is a cost-effective option if you need protection in several EU countries. An EU trademark is valid for 10 years, and you can renew the registration repeatedly every 10 years. 

International trademark

An international trademark registration makes it possible to apply for protection in several countries by filing one application in accordance with the Madrid System. The application is based on an existing national or EU trademark, and the countries are selected in the application. It is possible to expand or reduce the geographical scope of the protection later on.

Benefits of international registration:

• Cost-effective
• Centralized management
• Wide range of countries (approx. 100 countries)
• Possibility to use the same registration comprehensively in commercial use

Duration and renewal of a trademark

The registration is valid for 10 years, and you can renew the registration repeatedly every 10 years with no restrictions. The renewal necessitates up-to-date management and paying your fees on time.