Finnish Supreme Court Clarifies Trademark Acquiescence Rules

Finland’s Supreme Court has issued a ruling clarifying the limits of national law on trademark enforcement in light of EU harmonization. In a decision following a preliminary ruling from the Court of Justice of the European Union, the court addressed a dispute involving the DRACULA trademark for salmiakki candies. The case centered on whether prolonged concurrent use without objection could bar the registered owner from enforcing rights against an unregistered user.

The Supreme Court determined that Article 10 of the Trade Mark Directive fully harmonizes the substantive rights of registered trademark proprietors. National principles of forfeiture or laches based solely on passivity cannot restrict enforcement beyond the Directive’s five-year acquiescence regime for later registered marks. The ruling emphasizes that mere inactivity does not result in loss of rights where the conditions for statutory acquiescence are not met.

This decision aligns Finnish law with EU requirements and provides guidance for trademark owners on the scope of enforcement actions. It underscores that Member States cannot introduce additional limitations on registered rights through general national doctrines.

Sources: https://www.marques.org/class46/ https://www.jonesday.com/en/insights/2025/09/cjeu-bars-national-inactivity-defenses-beyond-eu-acquiescence-rules