Basic principles of brand protection
On this page, we highlight articles from our Brand Protection team. They offer practical guidance on key trademark principles and explain what businesses should consider when protecting and managing their brands.
The articles are written by our Partner Markku Tuominen, who also heads our Brand Protection team, together with his colleagues Melina Johansson, Mikaela Laine, Sanni Puikkonen, Nooa Tallberg, Marjut Alhonnoro, Nella Aro, Silva Peltola, Jenni Mattila, and Janne Erkkilä.
The articles are available in both English and Finnish under the same link.
Addressing infringements
A registered trademark grants the rights holder the exclusive right to use the mark within a specified territory and enables long-term brand building. When a mark is used without permission or in a way that creates a risk of confusion, it may constitute trademark infringement.
Distinctiveness of a trademark
The distinctiveness of a trademark is one of the fundamental principles of trademark protection. It determines whether a trademark can function as a sign indicating commercial origin and thus fulfill the role of a trademark in the marketplace.
International trademark systems
The exclusive right to a trademark is not valid everywhere. Often, instead of filing individual national applications, it is more efficient to use international trademark systems, which allow the protection and administration of several countries through a single application.
Proper use of a trademark
Proper use of a trademark is an essential part of protecting a brand and maintaining its value and recognition. Maintaining exclusive rights to a trademark requires systematic use of the mark in accordance with its registered form.
Proving genuine use of a trademark in the EU
Once an EU trademark or a national trademark of an EU member state is registered, the trademark must be used in commercial activities or a third parties may after five years from the registration date revoke the registration or claim the registration owner to file proof of use of its mark.
What is a company name?
A company name is the name a business owner uses in their operations. The primary purpose of a company name is to identify the business.
What is copyright?
Copyright protects authors of creative works and their works. Copyright grants the author the exclusive right to decide and determine how their work is used.
What is a design right?
Design rights are a form of intellectual property protection that safeguard the appearance of a product. In other words, design rights do not provide protection for technical solutions, such as those covered by patents or utility models. Regulations governing design rights vary somewhat from country to country.
What is a domain name?
A domain name is an address used on the Internet that directs a browser to a specific website or service (using the DNS system). A domain name consists of a name (e.g., example) and a domain extension (e.g., .fi), and it is also used in email addresses.
What is a trademark?
A trademark is a symbol that distinguishes a company’s goods or services from those of its competitors. It can be a word, such as a company name or product brand name, a logo, a slogan, a combination of letters or numbers, a design, a color combination, a shape, a sound, or even a short video or animation.
