Trademark
Trademarks can be the most valuable IP right in a very long perspective. A trademark that is well managed can potentially have eternal lifespan and can be of great commercial value.
Noréns helps you to select the best means and strategies for protecting your trademark.
FAQ
Does the existence of the trademark registration stop others from trying to register the same trademark?
No, not automatically. As a consequence, we always recommend to set up a tailored trademark watching service in order to be able to promptly take action if someone else is trying to register an identical or a similar trademark. Even though the Swedish Patent and Registration Office have the possibility to reject an application, it is still possible to file for a similar or an identical trademark for someone else through the European trademark authority (OHIM), since they do not examine and refuse later applications on their own volition.
Is it possible to apply for a trademark registration covering the whole world?
There are a number of ways to obtain trademark protection in several countries. For example, the so called Madrid protocol makes it possible to apply for trademark registration as an International series covering many countries. One may also apply for national registration in every respective country, or use one of a number of community systems which are available, such as the European Community Trademark and OAPI (Organisation Africaine de la Propriété Intellectuelle).
Do I have to apply for trademark protection in all countries at the same time?
No, we can start with filing i a first country. We can then file in other countries within six months, by claiming priory.
Is it possible to find out if a trademark is available for registration?
We offer a so called identity search, in order to find out if an identical trademark is already registered in countries of interest. We can also recommend a similarity search, for finding out if the suggested trademark is in conflict with existing rights.
Do trademarks have any requirement of use?
Yes. If it is not used within five years from the registration date it is vulnerable to cancellation for all goods and services for which the trademark has not been used.
Can you apply for a EU-trademark only for certain EU-countries ?
No.
Does a Community Trademark offer the same scope of protection in Sweden as a Swedish trademark?
Yes. A Community Trademark can, however, be more vulnerable than a Swedish registration.
Can I apply for a trademark registration covering the whole of EU?
Yes. It is possible to file a so called Community trademark application.
Is a Swedish trademark valid outside Sweden?
No. It is only valid in Sweden.
For how long is the trademark registration valid?
The term is ten years. Thereafter, the registration can be renewed again and again, indefinitely, for one ten year period at a time.
Is it necessary to apply for trademark registration if the same name is already registered as a company name?
No, this is not mandatory. However, it is important to note that a company name does not substitute a trademark registration, and that the trademark registration often offers a broader protection.
Who can apply for trademark protection?
Juridical and natural persons.
Do I have to have a registered company to apply for a trademark?
No.
