The Finnish Patent and Registration Office (PRH) has given its decision regarding the Kalevala dispute
Dispute arose between two Finnish companies over the use of the name ‘Kalevala’, when a Helsinki based Finnish cultural tourism project called Kalevala kartalle wished to use the word ‘Kalevala’ in its logo. Kalevala Koru, a Finnish company creating traditional jewelry, filed an opposition to the trademark registration, claiming that there is a risk of confusion with the project’s logo and Kalevala Koru’s brand.
The important factor for the protection of a trademark is the category for which the protection is sought at the registration stage since the trademark only provides protection in the categories in which it is registered. In this case, the Kalevala kartalle project applied for protection for its logo for the same category in which Kalevala Koru already had a registered trademark.
According to the PRH’s decision, there is no likelihood of confusion between the Kalevala kartalle and Kalevala Koru logos in the services’ target groups, which consist of a professional audience. Thus, the PRH rejected Kalevala Koru’s opposition in its entirety.
In Finland, after a trademark has been registered and published, any third party can submit an opposition to the PRH within two months of publication. The possibility of opposition is thus a regular part of the trademark registration process. When the PRH has given its decision, the losing party may file an appeal in the Finnish Market Court.
The CEO of Kalevala Koru Kirsi Paakkari has confirmed that the company accepts the PRH’s decision and is not going to appeal to the Market Court.
Text and additional information:
Juuso Turtiainen, Associate, +358 40 764 8910, [email protected]
Anni Kaarento, Legal Trainee, [email protected]