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Building a brand is easy. Protecting it isn't quite as easy.
Before you invest in a name, a logo, or a market launch, you need to understand the legal risks that could jeopardize everything you’ve built. A domain name does not automatically confer ownership; mere similarity may be enough to constitute infringement, and even simple mistakes—such as unclear ownership structures or descriptive names—can put your brand at risk. In trademark law, what you don’t know can cost you dearly.
Here are some valuable tips:
- Just because a domain name is available doesn’t mean anything. Conduct a thorough search for existing trademarks before investing in production, packaging, or marketing.
- Choose a name that doesn’t describe what you sell. A name like “Fast Delivery” is practically impossible for a transportation company to protect. The more imaginative the name, the better your chances of getting it protected.
- 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.
- For trademark infringement to occur, the names or products do not need to be identical. Sufficient similarity in both respects is sufficient, and the assessment is made on a holistic basis.
- The Swedish Companies Registration Office does not protect your trademark. Registering a business name does not grant you the exclusive right to use that name as a distinguishing mark in the marketplace.
If you would like to discuss trademark-related issues or ensure that your trademark is properly protected, please feel free to contact me.
Contakt Email: magnus.broman@legalworks.se
Contakt Mobile: +46 73 634 94 00
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