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Finland - Trademark Law Amended

In order to comply with its obligations under the Madrid Protocol and the Community Trademark Regulation, Finland has enacted amendments of its trademark law. According to our sources, the amendments include the following principal changes:

1) the doctrine of exhaustion of trademark rights now extends to the entire European Economic Area, so that, if a product is first introduced to the marketplace anywhere in the European Economic Area by, or with the consent of, the trademark owner, the trademark owner cannot control the further marketing of that product;

2) applications were previously published for opposition and then granted registration; however, under the new law, applications will be registered and then published for opposition by third parties;

3) third-party use of a trademark with the consent of the trademark owner may be regarded as valid use; however, license agreements should still be recorded to be enforceable against certain third parties;

4) appropriate provisions have been enacted to implement the Madrid Protocol system in Finland.


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