Amendments to section 31 of the Trademarks Act – representatives and powers of attorney

The amendments to section 31 of the Finnish Trademarks Act entering into force on 1 January 2011 requires that a trademark applicant or proprietor not domiciled in Finland must have a representative resident in the European Economic Area. At the application stage, it is sufficient to submit a power of attorney authorizing a representative to represent the client in all matters concerning the application. When the trademark is registered, the proprietor of the trademark must however have a representative resident in the European Economic Area who is authorized to represent the client in all matters concerning the trademark and is entitled to receive summons etc. on behalf of the client in all matters concerning the trademark. The power of attorney submitted at the application stage is therefore no longer sufficient for the registered trademark.
When you are filing an application, we recommend that you submit a power of attorney authorizing the representative to also represent you after the registration. No office actions will then be necessary at the end of the processing of your application because of deficiencies in the power of attorney, and the registration proceeds smoothly.