Through a trademark registration, you obtain the exclusive rights to what characterizes your company and your products or services. Bjerkén Hynell assists you in protecting your brand.
Secure the rights to your trademark.
By registering a trademark you retain the exclusive rights to the word or symbol that characterizes your business or its goods and services. It also hinders competitors from using an identical or similar trademark for their own goods and services. Additionally, a trademark registration is an economical right that increases in value as the trademark gains goodwill. A trademark may accordingly provide a very positive influence on the economic development and success of a business.
Our services in trademark protection
Bjerkén Hynell has extensive experience in managing trademark matters and helping clients in areas such as:
- filing trademark applications in Sweden, the EU and internationally through the World Intellectual Property Organization (WIPO),
- filing trademark applications abroad via our international contacts,
- performing clearance searches and searching relevant registers for similar or identical trademarks,
- replying to refusal decisions and correspondence from relevant authorities,
- monitoring time limits, such as those pertaining to renewals,
- monitoring trademarks in the registers,
- opposing trademark applications of others,
- managing and assessing infringements and counterfeiting,
- defending exclusive rights to trademarks,
- assisting in legal conflicts in a court of law,
- drafting agreements such as licensing agreements, transfer agreements and co-existence agreements.
What is required for obtaining a trademark?In order to obtain a trademark registration there can not exist prior trademarks that are confusingly similar to your trademark in the jurisdiction where protection is sought. Additionally, the trademark is required to have distinctive character and cannot be generic or descriptive. Bjerkén Hynell may assist you in evaluating if your trademark meets the requirements.
For how long is the trademark valid?A trademark registration may theoretically last forever. However, in Sweden and the EU, the trademark needs to be renewed every ten years after filing or registration. Provided that this renewal takes place, the trademark remains in force.
Where can a trademark be registered?A trademark registration in Sweden can be acquired through filing an application with the Swedish Patent- and Registration Office (PRV). For protection in the EU, which also covers Sweden, an application can be filed with the EUIPO. The trademark attorneys at Bjerkén Hynell are authorized representatives before the EUIPO and have vast experience of drafting and filing applications before both PRV and the EUIPO. It is further possible to apply for an international trademark registration in accordance with the Madrid Protocol, which is administered by the World Intellectual Property Office (WIPO). Before an international application can be filed the trademark must however first be applied for or registered in another jurisdiction, such as Sweden or the EU. In an international trademark application, the applicant chooses the jurisdictions where the trademark shall be applied for. The applicant chooses among the countries which are parties of the Madrid Protocol. Examples of such parties are the US, China, Australia and India, but there are over hundred more countries which are also parties to the protocol. Lastly, it is also possible to seek registration of a trademark on a national basis in individual countries, which Bjerkén Hynell can assist you with through their large network of international IP contacts.
Do you want to know more about trademarks?
Our trademark attorneys will help you protect your brand and increase your company's value.
Contact us today!