APPLYING FOR A TRADEMARK REGISTRATION – WHAT TO THINK ABOUT

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A trademark can be used as a tool to assert and protect one of the key assets of your business – your brand – which is why you will want to protect it properly. Start with a brief consultation with an experienced trademark counsel to receive advice on how to settle on a suitable trademark which can be defended and to avoid any costly mistakes – we are happy to help!

A few tips on what to think about when applying for a trademark registration:

  • Clearance search: A clearance search gives you an idea of the availability of a mark for use or registration. If you make the mistake of using a trademark that can be regarded as confusingly similar to another registered trademark, it could lead to costly infringement proceedings in court. Similarly, a trademark application which has not been cleared in advance raises the risk for lengthy opposition proceedings at the relevant trademark authority. Remember that you will only receive trademark protection once the application proceeding has been finished and the relevant trademark authority has accepted the mark in its register.
  • Domain name: If you are considering to offer your products online, you should also consider choosing a domain name which corresponds to the trademark you have settled on. Having a domain name will not give you the right to prevent others from using your trademark, but being the registered owner of a trademark with the same name will. Hence, you should align your domains with your trademark strategy!
  • Choose wisely: Do not choose a too aggressive protection plan for your trademark abroad. It can be costly to ensure the protection of your trademark – so choose wisely. Also, be sensible when enforcing perceived infringement and misuse of your trademark, as taking legal action on every misuse is likely to cost you.
  • Keep up with your business: Keep your trademark protection up to date with your growing business. Make sure that you have the necessary protection, as you grow and expand to other brands, services, products and markets.

 

For more information, please contact David Leffler.

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