A trademark is a distinctive sign that distinguishes a company’s manufactured and produced goods and services from those of other companies. A trademark is any sign that can be represented graphically. It can consist of, for example, a pattern, one or more words, letters, numbers, or the special appearance of a product or its packaging. A trademark can also be a combined sign of patterns or words, a sound mark, or a slogan.

The prerequisite for obtaining a trademark is that the sign is distinctive, it must not be confused with other earlier trademarks or trade names, and it must not be misleading. A trademark must also not be contrary to public order or good morals. A trademark differs from a patent in that trademarks are permanent rights describing the product and its quality level, while patents are temporary exclusive rights. The exclusive right to a trademark means that in business, no one other than the holder of the mark may use a mark that can be confused with it as a sign of their goods.

How do you get a trademark for your product?

The exclusive right to a trademark can be obtained either by establishing or registering. A trademark is considered established when it is generally known as the holder’s sign of goods or services among traders and consumers in the industry.

The registration application is made in writing to the Finnish Patent and Registration Office. The applicant must state which goods or services the application concerns. The advantage of registration compared to establishment is that the start date, scope, and exact content of the trademark right are easily verifiable. These factors are important, for example, in a possible trademark dispute.

The protection period of the trademark right is ten years from the date of registration. The registration can be renewed for ten years at a time as many times as desired.

Trademark protection abroad

The options for international trademark protection are national registrations in each country separately, a Community Trademark, or international registration under the Madrid Protocol. Geographically extensive protections use a combination of different options.

In international protection, it is advisable to consider the possible market areas and pirate product countries of the products and to find out whether it is possible to register a trademark in a certain country at all.

Read more about trademarks on the Finnish Patent and Registration Office website.