Portfolio creation and management
The purpose of a search is to check whether a trademark is available to register at a reasonable scope of protection, but most importantly to verify that the freedom to operate situation is manageable.
- Database searches in Sweden and abroad,
- Linguistic analysis whether a proposed name is suitable as a trademark in a certain language,
- Statements concerning potential scope of protection,
- Assessments of risks.
Noréns has long experience of protecting trademarks in Sweden and globally. We take full advantage of the possibilities in current legislation and integrate fresh jurisprudence, within an existing field or in new fields.
We can help in matters such as:
- Is it possible to protect a new market offering?
- Can the protection for this unique brand be long-term sustainable?
- Is it possible to expand the protection to new countries?
- Can we protect the trademark in color?
Trademarks live their lives surrounded by competitor’s trademarks that come and go, as well as trademarks held by others in other fields of business. Trademarks are national rights and local requirements and the local situation will determine in which ways protection can be sought. It is therefore very common that trademarks are subject to different kinds of agreements.
Some examples are:
- Co-existence agreements including letters of consent and counter declarations,
- Settlement agreements after a dispute or opposition,
- License agreements including franchise agreements,
- Assignment agreements,
- Non-disclosure agreements
Noréns can assist with these or other types of agreements, from negotiating and drafting to monitoring compliance concerning content and term.
Registered trademarks may be at the risk of dilution and weakening if new and similar trademarks is allowed to become registered. Trademark authorities do not always examine new trademarks against old registrations in the same register. A watching service is a necessary tool to detect attempts by other to register similar trademarks. Noréns have the right tools for efficient watching and reporting.
One way of keeping the space surrounding the own trademark free from interference is to file oppositions against new trademark applications that risk infringing or diluting the trademark. Noréns has long experience of handling oppositions in Sweden, in the EU (EUIPO) and in other jurisdictions. It is usually a streamlined, standardized, simplified administrative procedure which is a natural component of managing a trademark portfolio.
Trademark infringement is harmful to the trademark value. It is important to be prepared for future infringement situations so that these can be solved swiftly, efficiently and without unnecessary work.
Noréns can be of assistance in various ways:
- Infringement analysis,
- Warning letter to infringers,
- Compiling and structuring evidence
- Settlement negotiations,
- Court proceedings,
- Monitoring compliance.