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What can Otmore do for you?

Otmore offers specialized expertise on all IP related matters. You can find more information if you click on Services in the main menu on top of this page.

We are taking the traditional way of working with intellectual property rights, IT and trademark communication to a new level by providing tailor-made services that guides you from the start, to the finish line and beyond. Otmore is the obvious partner, providing your company with professional guidance in the complex world of trademark protection. By working proactively, we will give you a strategic advantage so that you can focus on your business, rest assured that Otmore is protecting your company.

What is a trademark?

A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of another. A trademark creates recognition for customers and value for the brand.

Who can own a trademark?

A trademark can be owned by an individual, a company or several holders combined.

Why should I register my trademark?

A registered trademark gives you an exclusive right to your brand in the market/s it is registered in. It is an assurance that you are not infringing on other registered marks, and it will help increase the value of your brand while your company is growing.

What does trademark infringement mean?

Trademark infringement is the unauthorized use of a trademark in a way that is likely to cause confusion about the source of the goods/services.

What can be protected by a registered trademark?

The most common trademark registrations are words, logos and slogans. However, it is also possible to register 3D-marks, colours, sounds and scents, often referred to as non-conventional/non-traditional trademarks. What can be protected varies between jurisdictions, please contact Otmore if you would like to know more about this topic.

What is important when choosing a trademark name?

There are many aspects to take into consideration when choosing a trademark name. At first, a descriptive name can be positive, but it may also cause confusion with other brands and be difficult get exclusive rights to.

Think outside the box may be a cliche but also a very good advice. Take Apple for example, the name of a fruit as trademark for a company that has nothing to do with fruit – genius!

What is the plan for your company/brand in the future? You can save both time and money by choosing a well-thought-out name, instead of having to file new applications if you decide to launch new products or enter a new market. Not to mention should you be forced to re-brand completely

What is a Trademark Classification?

The trademark system uses classification to distinguish different products and services from each other. It makes it possible to register trademark names that are exactly the same as other registered marks, as long as the products/services are not the same or too similar.

There are various classification systems but the best known and most commonly used is The Nice Classification (NCL). It includes 45 classes, of which 34 are for products and 11 for services.

It is not possible to add more classes once a trademark application has been filed. Should you want to add or change anything, you have to file a new application, which is both time consuming and expensive. That is why it is very important to always consider the future of your company/brand when preparing your application. Where will your company be in five years?

What is the difference between ® and ™?

The ® symbol is used to state that a trademark is registered, however the regulations on how to use it varies between different jurisdictions. In Sweden for example, it has no legal significance, but it is contrary to the Marketing Act to use it for an unregistered mark. While in the US, the ® symbol can only be used after the mark has been registered and if it is used for an unregistered mark, it may result in claims of fraud.

The ™ symbol is used as an indicator that a word, logo or other sign is a trademark. It is usually used for unregistered marks that are claimed as trademarks. Use of the ™ symbol is not a guarantee that the mark will be protected under trademark laws and it can still be used even if registration of the mark is refused.

Otmore recommends that you use the ® sign.

How long is a trademark registration valid?

In most jurisdictions, a registered trademark is valid for 10 years before it must be renewed. Keep in mind that you must use your trademark to be able to keep the registration, should a third-party try to cancel your mark.

Due to long renewal timelines, we have seen actual cases where the owner forgot to renew its trademark. You should not be one of them! Contact us to find out how we can secure your trademark portfolio.

What is WIPO?

WIPO – World Intellectual Property Organization, is a global forum for intellectual property services, policies, information and cooperation. When you have a registered trademark, you can use it to file an application through WIPO and cover up to 191 of their remember states with one single registration.

What is EUIPO?

EUIPO – European Union Intellectual Property Office, is responsible for the registration of the European Union trademark (EUTM) and the registered Community design (RCD).

Formerly known as the Office for Harmonization in the Internal Market (OHIM).

What does Claim of Priority mean?

Priority can be claimed when a WIPO application is filed within six months of filing an EU- or other national application, meaning that the WIPO application gets the same filing date as the basis application. As ”First to file” applies in most jurisdictions, it is a very beneficial approach. However, Otmore recommends that WIPO applications are only based on registered marks to avoid the risk should the basis application be rejected.

What is an Office Action?

When a trademark application has been filed, it will be examined by the receiving authority. If an error is detected, the authority will send an Office Action, stating what has been found and the time given to remedy any deficiencies.

For EU applications, the examination process is as follows:

  1. Filing date – Your application is checked so that it contains the mandatory and basic information required: a request for application, a correctly identified owner, a clear representation of the mark and a list of goods and services.
  2. Classification – The goods and services you seek protection for are reviewed to see if they have been correctly classified and their nature has been clearly indicated.
  3. Formalities – All the details you have entered on your application are reviewed to make sure that everything is as it should be; the signature, languages, owner and/or representative data, priority and/or seniority claims are all reviewed.
  4. Absolute grounds – Your trademark is analysed to see whether it is distinctive but not descriptive.
  5. Translation – Your application is translated so that details of it can be published in all the official languages of the European Union.
What is an Opposition?

When the application has been examined and approved by the authority, it will be published and open for opposition. During that period, third parties can oppose your trademark and prevent it from being registered. For EU applications, the opposition period is three months.

How long is the application process and what does it look like?

The process time for trademark applications varies between jurisdictions. For an EU application it usually takes 4-6 months. For a WIPO application it first takes 2-3 months for the registration, followed by approximately 18 months during which the designated countries are to decide.

Check out our Trademark Thermometer! It is a flowchart for the whole trademark process, from the first idea, to registration, communication strategy and launching.

Is trademark protection important from a value perspective?

Yes, it is! A proactive trademark strategy can give you several advantages:

  • It can be used in negotiations with investors.
  • It will create recognition for your costumers, making it easier for them to find you.
  • It will help increase the value of your brand while your company is growing.
  • And much more!

Contact us today and we can help you set up a tailor-made strategy for your brand.

What happens when a trademark has been registered?

Even though a trademark registration gives you exclusive rights, you are solely responsible for defending that exclusivity from third parties that may be infringing on your intellectual property.

Otmore has an in-house developed Trademark Watch. It is a software that monitors applications for identical and even similar trademarks that may infringe on your trademark. This enables you to act in an early stage to prevent them from being registered.

In some jurisdictions, for example US, you must submit proof that you are using the trademark for the goods/services it has been registered for.

With Otmore as your representative, your trademark is in safe hands. We will keep track of everything related to it, correspondence, deadlines, renewals etc.

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