30, November 2016
The trademark attorney provides tips on how to avoid intellectual property pitfalls
Yesterday, the Swedish Patent and Registration Office, aka. PRV, wrote a blog post regarding the difference between a company name and a registered trademark. This is a question we at Ports Group have received during many years and we feel that this post summarizes the difference between these two attributes in a good way. Read (a rough translation) here.
There is however another issue that we at Ports Group feel is too important to not mention in this context, namely the issue with EU community trademarks and the risks they pose when it comes to “clashes” between nationally registered trademarks, and trademarks registered in the whole of the EU.
The consequences can range from situations you can deal with, such as for example having to adjust the classification of a trademark application in your native country or the EU to avoid clashing with an already registered trademark, to nightmarish scenarios where you for example cannot use your national trademark in any other EU country without clashing with another registered trademark. We see these kind of problems on a daily basis and we know that they can lead to catastrophic consequences.
Our recommendations are:
• If you presently are – and in the future only plan to be – active in your native country, get yourself a trademark watch service that watches at least the EU.
• If you are – or plan to be – active outside of your native country, either by setting up subsidiaries or (more commonly) by exporting your goods, act proactively and register your trademark in the countries that you are planning on expanding to. For example, by submitting a trademark application in the EU and Norway (which many forget is not covered by an EU-trademark).
Regardless of the scenario, set up a trademark watch service. Too many times we have seen the business critical consequences that lacking in protecting one’s intellectual properties can lead to.
If you want to know more, contact us today to book a first meeting with us where we carry out a basic analysis of your current situation. This includes the status of existing registrations (trademarks and domain names), unprotected markets, potential infringements and risks. This service is completely free of charge and carries no obligation on your part.
Take the first step towards securing your digital assets. Get in touch with us today!