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Building a brand is easy. Protecting it is not.
Before you invest in a name, logo, or market launch, you need to understand the legal risks that can undermine everything you’ve built. A domain name doesn’t equal ownership, similarity can be enough to trigger infringement, and even basic mistakes—like unclear ownership rights or descriptive naming—can leave your brand exposed. In trademark law, what you don’t know can be costly.
Here are some valuable tips to start with:
- An available domain name means nothing. Conduct a thorough search for existing trademarks before investing in production, packaging, or marketing.
- Choose a name that doesn’t describe what you sell. “FastDelivery” is essentially impossible for a shipping company to protect. The more imaginative the name, the better your chances of securing protection.
- Are you hiring an agency or a freelancer to design your logo or name? Make sure ownership rights are specified in the contract; otherwise, the copyright may remain with them.
- Trademark infringement does not require identical names or identical products. Sufficient similarity in both respects is enough, and the assessment is made collectively.
- The Swedish Companies Registration Office does not protect your trademark. A business name registration does not give you exclusive rights to use the name as a distinguishing mark in the market.
If you want to discuss trademark-related questions or ensure your brand is properly protected, feel free to get in touch with me.
Contact Email: magnus.broman@legalworks.se
Contact Phone: +46 73 634 94 00
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