Tuotemerkki

Tuotemerkki is the Finnish term for a trademark or brand. It refers to a sign—such as a word, logo, or symbol—or a combination thereof that distinguishes the goods or services of one company from those of others. In legal contexts, a tuotemerkki is a protected indicator of origin and quality.

Protection is obtained mainly through registration. In Finland, national protection is granted by the Finnish Patent and Registration Office (PRH). Companies can also seek protection across the European Union through the EUIPO, or internationally via the Madrid System, with designations in multiple jurisdictions.

Registrability requires distinctiveness. Marks that are generic, descriptive, or likely to confuse existing registrations may be refused or opposed. Distinctiveness can be inherent or acquired through use. The mark must not be deceptive or violate public policy.

Types include word marks, figurative marks, and their combinations. Other forms such as color, shape, sound, or 3D marks may also be registered where they function as identifiers of source.

Registration typically involves a search for prior registrations, filing an application, and an examination for registrability. After publication, there is an opposition period. If approved, the tuotemerkki is registered for an initial period—usually ten years—and can be renewed.

Rights conferred include exclusive use in relation to the specified goods or services, the ability to license or assign the mark, and enforcement against unauthorized use or infringement.

Conceptually, a tuotemerkki is the legal aspect of a brand. A brand, by contrast, encompasses reputation, marketing, and customer perception beyond formal protection.