Processing of the revocation or invalidation application at PRH
Formal examination
We examine each submitted application and, if necessary, send the applicant an office action requesting that they correct any formal deficiencies within two months.
Please note that we will not start processing an application for the revocation or invalidation of a trademark if a matter pertaining to the same trademark is pending in the Finnish Market Court between the same parties.
Notifications to parties
We will notify the trademark owner or their representative of the application, and they will have the opportunity to give a statement on the matter within two months. We will also notify the applicant of any statements and reports given by the trademark owner. As a rule, the two parties can give statements twice during the processing.
If a pledgee or licensee has been recorded for the trademark in the Finnish Trademark Register, we will also notify them of the application.
Extensions
Both the applicant and the trademark owner can each get an extension to give their statements, once without explanations and thereafter in individual cases on separately considered grounds. Each extension is granted for two months at a time.
We grant a summer extension without any explanations if the deadline for giving a statement falls between 1 June and 31 August. This means you can be granted more than one summer extension.
The extension is subject to a fee. See the extension fee in our price list.
Decision-making
We decide on the matter based on both the application and the statements given on the application. This means we process the matter in writing. When making the decision, we are tied to the application and cannot assess the matter in a broader context or on grounds other than those provided in the application.
- If there are no grounds for revoking or invalidating the registration, the application is rejected.
- In contrast, if there are grounds for revocation or invalidation, the trademark registration can be revoked or invalidated either entirely or in part.
We can decide the matter even if the trademark owner has not given a statement on the matter. If the application has been filed based on non-use, it is then considered that the trademark has not been used.
Right to appeal
You can lodge an appeal against the PRH’s decision with the Finnish Market Court. An appeal against a revocation or invalidation decision may be lodged by the losing party. The party whose claim did not fully succeed may also lodge an appeal.
Lodge your appeal within 60 days after you were notified of the decision. The appeal is subject to a fee.
Later processing of an application about the same matter
When a final decision has been issued on an application or action for the revocation or invalidation of a trademark, a new application or action for revocation or invalidation will not be accepted for processing if the case involves the same parties, the same trademark, the same claim and the same grounds, unless the circumstances have changed substantially.