Frequently Asked Questions

The average time frame for the registration approval is 6 months, if no objections or oppositions arise.

No. Protection for the registered mark is limited only in Austria.

Yes, a simple Power of Attorney is required.

Yes. Pre-filing benefits include: 

• Show the mark’s distinctiveness;
• Defeat challenges on the grounds of non-distinctiveness.

Yes. Your mark will be vulnerable to cancellation of registration on the ground of non-use.

Any mark that can be represented graphically and can differentiate a product/service from others is acceptable for registration, including:

• Names
• Position marks
• Words
• Holograms
• Devices (with 2 dimensions)
• Sounds
• Shapes (with 3 dimensions)
• Colours
• Slogans
• Trade dress

The sequence of trademark application in Austria in as follows: examination, registration, publication. 

1. Examination – Once the application was submitted to the trademark office, authorities will examine several factors to see if the mark is registrable. To avoid refusals, make sure that your mark is compliant with respect to morality, formalities, classifications, clarity, descriptiveness, etc.
2. Registration – If the mark passed the examination stage, registration will be granted. Note that at this point, the trademark authorities have not yet checked if there are existing similar registered marks.
3. Publication – The following details will be made available to the public: mark, name and address of applicant, number and date of application, goods/services, priority claim, representation and representative. Online publication will give a chance to third-parties to appeal and oppose.

The following marks are non-registrable: 

• Marks that go against moral standards and public policy
• Words that have a general meaning (generic terms)
• Marks that consist of flags, symbols or names of regions, nations, states and international organization
• Marks that lack distinctiveness
• Marks that serve primarily as surnames
• Marks that serve primarily as name geographic locations

No. The Nice Classification system is not effective in Austria.

Yes. A European Union Trademark registration is effective in Austria.

Yes. The filing date in your home country can be claimed as the filing date in Austria if: 

• Your home country is a member of the Paris Convention
• The filing date in your home country does not exceed 6 months at the time of your application in Austria
• Your home country is a member of the WTO (World Trade Organization)

You must use the mark within 5 years from the date the registration was granted. This jurisdiction mandates owners to use the mark for commercial or business purposes and the transactions must occur in Austria.

A registered trademark in Austria is initially valid for 10 years. The computation will start on the date of registration.

The first trademark renewal must be made 10 years from the date the registration was granted (at the last day of that month).

Yes. Unregistered marks can be used legally for goods or services.

The average time frame for the registration approval is 4 months, if no objections or oppositions arise.

The territorial scope of protection is Denmark, Greenland and Faroe Islands.

A scanned Power of Attorney is required.

Yes. Pre-filing use allows the applicant to exhibit the mark’s acquired distinctiveness and overcome challenges on the ground of non-distinctiveness.

Yes. The consequence of not using your trademark is cancellation of registration.

An applicant may register any mark that is possible to replicate graphically and any mark that can differentiate a product/service from its counterparts. 

• Words
• Slogans
• Sounds
• Motions
• Holograms
• Trade dress
• Smell
• Names (may have problems with peculiar surnames)
• Colours
• Shapes (must be 3-dimensional)

The sequence of the application procedure is as follows: examination, registration and publication. 

1. Examination – The trademark office authorities will examine some elements of the application: clarity, classification, formality, descriptiveness, conflicts, deceptiveness and distinctiveness.
2. Publication – The details of the application will be published in the Danish Trademarks Gazette: mark, good/service, applicant’s name, citizenship and address, application date and number, priority claim, trademark representation, and full file access.
3. Registration – The application must overcome challenges and oppositions on order for the issuance of registration to be successful.

The following marks are prohibited in this jurisdiction: 

• Marks that go against standards of moral and/or public order
• Generic words or common terms with broad meaning
• Marks that lack acquired distinctiveness
• Marks that serve primarily as a surname
• Marks that serve primarily as a name of geographic locations
• Marks that use flags/symbols/names of international organizations, states, regions and nations

Yes. Nice Classification is being used in Denmark. For marks that will be used for multiple classes of goods and/or services, a single application should suffice.

Yes. Denmark is a member of the European Union Trade Mark. Community Trademark takes effect in this jurisdiction.

Yes. The filing date in your home country can be claimed as the filing date in Denmark if these requirements are met: 

• Your home country a member of the Paris Convention or World Trade Organization
• The date of filing in your home country occurred within the last 6 months prior to the application in Denmark

You must use the registered mark within 5 years from the date the opposition period has ended. Minimal use is required. As long as it’s a genuine use, it is acceptable. The use must occur in Denmark, Faroe Islands or Greenland.

The initial term of validity is 10 years starting from the date the mark was registered.

The renewal date will be 10 years from the date the registration was granted.

It is illegal to use an unregistered trademark for pharmaceutical goods.

The average time frame for the registration approval is 4 months, if no objections or oppositions arise.

The territorial limits of a registered mark in France are: Metropolitan France, Martinique, Corsica, Guadeloupe, Saint-Barthelemy, French part of Saint-Martin, Reunion, French Guyana, French Polynesia, New Caledonia, French Antarctic Territories, Wallis and Futuna, and Mayotte and Saint-Pierre et Miquelon. The protection of mark does not extend to French Polynesia.

No power of attorney is required.

There is no benefit from pre-filing use of the trademark. However, famous trademarks are protected in this jurisdiction even if these are not registered. To prove that your mark is famous will be extremely difficult.

Registered marks that are not being used by owners are vulnerable to cancellation when interested parties take their appeal in courts.

Any sign that can be graphically reproduced and can set apart the good/service from its counterparts can be registered: 

• Names
• Words
• 3-dimensional shapes
• Devices
• Slogans
• Colours
• Trade dress
• Sounds
• Holograms

The order of the trademark application procedure in France is as follows: 

1. Examination – In this phase, the application will be examined if the applicant complied with all of the requirements. Compliance with regards to formality, descriptiveness, classification, distinctiveness and deceptiveness will be checked.
2. Publication – The particulars of the application will be made available to the public especially to third-parties that are interested to oppose. Publication of details will be on print and online.
3. Registration – After the prosecution and oppositions have been settled, registration will finally be issued.

The following signs are prohibited from being registered: 

• Marks that go against public order and principles of moral
• Common terms that have broad meaning
• Marks that do not display distinct characteristics
• Marks that function primarily as names of a geographic location
• Marks that use protected flags/names/symbols of international organization, states and nations

Yes. Nice Classification system is being used in France.

Yes. France is a member of the European Union Trade Mark. Hence, Community Trademark registration system is effective in this jurisdiction.

Yes. It is possible to claim the filing date in your home country as the filing date in France provided that you meet the following pre-requisites: 

• Your home country is a member of the Paris Convention or World Trade Organization
• The filing date in your home country is within 6 months from your application date in France

You have to use your trademark within 5 years of last use, meaning there should be no 5-year gap between each use. You must use it for commercial or selling purposes and the transaction must occur in the jurisdiction of France.

A trademark’s validity of term is effective for 10 years which is computed from the date the application was filed.

Renewal date is computed 10 years from the date of filing the application.

• Yes. You may legally use your trademark even if it’s not registered yet.

The average time frame for the registration approval is 3 months, if no objections or oppositions arise.

Registered trademarks in this jurisdiction are protected in Germany and East Germany. If the registration can be based on the European Union Trade Mark (formerly Community Trademark), the territorial limit would be all member countries of EU.

A simple scanned power of attorney is required.

No. There are no benefits from pre-filing use.

Yes. Non-use of a registered mark can result to cancellation of registration.

Marks that can be represented clearly and can make a product or service distinguishable from others are allowed for registration: 

• Names
• Slogans
• Words
• Sounds
• Taste
• Touch
• Smell
• Trade dress
• Devices
• Holograms
• Colors
• Shapes with 3 dimensions

The sequence of the application procedure is as follows: 

1. Examination – Elements of the application are examined such as compliance to trademark requirements, classes of good/service, clarity of description, and deceptiveness.
2. Registration – After the mark was examined by the trademark office authorities, and there are no absolute grounds for the application to be refused, a certificate of registration will be issued to the applicant.
3. Publication – The registered trademark will then be published in the Markenblatt. The specifics of the registration will be published and be made accessible to the public. The publication phase allows third-parties to check the newly registered mark and file a complaint or opposition if need be.

Some marks are prohibited by this jurisdiction to be registered: 

• Marks that are incompatible with Germany’s moral standards or marks that oppose public order
• Terms that have a broad meaning (generic words)
• Marks that use symbols, names or flags of regions, states, nations and international organization without permission from proper authorities
• Marks that do not display distinctive characteristics

The Nice Classification system is used in Germany only as a general guide.

Yes. Germany is a member of the European Union and EUTM (European Union Trade Mark) registration system is effective in this jurisdiction.

Yes. The filing date in your home country can be claimed as the filing date in Germany if the following requirements are met: 

• Your home country is a member of the Paris Convention
• The filing date in your home country occurred within 6 months prior to the application date in Germany
• Your home country is a member of the WTO (World Trade Organization)
• International registration can be based in Germany

You must use a registered mark within 5 years from the date the registration was granted or 5 years from the date the opposition was terminated. Also, “use” must be in a business scale and must occur in this jurisdiction. If the mark was registered in the European Union Trade Mark, use of the mark in any of the member state would suffice.

The registered mark will be initially valid for 10 years computed from the date of application.

You have to renew your mark 10 years from the date you filed your application.

Yes. You may legally use an unregistered trademark for selling goods or services.

The average time frame for the registration approval is 10 months, if no objections or oppositions arise.

No. The mark is protected only in Hungary.

Yes. A power of attorney is necessary for the completion of application.

Yes. There are benefits to pre-filing use of the mark as long as proof of prior use can be provided. 

• It demonstrates the distinctiveness of the mark
• It helps the applicant overcome disputes on the basis of non-distinctiveness
• It helps the applicant in bringing cancellation to a later mark

Yes. Non-use of a registered mark will eventually result to cancellation.

Marks that can be replicated graphically and can help the public distinguish the good/service from others are registrable. 

• Word
• Device
• Name
• Hologram
• Sound
• Trade dress
• Shapes having 3 dimensions
• Slogan
• Color

The procedures in applying for trademark registration is as follows: 

1. Examination – The application will be examined in terms of:
   • Compliance with requirements
   • Classification of goods/services
   • Clarity of description
   • Descriptiveness (mark must not be used solely to describe the goods/services)
   • Distinctiveness (mark must distinguish the good/service from others)
   • Deceptiveness (mark must not mislead as to the good’s geographic origin, nature, quality, etc.)
2. Publication – Information about the application will be published. This is done to make opposition available to third parties.
   • Mark
   • Name and address of applicants
   • State/country of incorporation of applicants
   • Number of application
   • Date of application
   • Goods/services
   • Information about priority claim
   • Trademark representation
3. Registration – If the examiners accepted the application and all oppositions are defeated, the registration will be granted by the trademark office of Hungary

Hungary trademark laws prohibit these marks from becoming registered: 

• Marks that are not compatible with moral standards or against public order
• Marks that have a generic or broad meaning
• Marks that include names/flags/symbols of international organizations or states/regions/nations without consent from proper authorities (registrable if consent is given)
• Surnames
• Geographic location names

Yes. Hungary uses the Nice Classification system. If the trademark will cover multiple classes of goods/services, a single application will suffice.

Yes. Hungary is EU (European Union) member. Thus, Community Trademark (known today as European Union Trade mark) registration is applicable in Hungary.

Yes. The home country filing date can be accredited as the filing date in Hungary if: 

• Home country is a party to the Paris Convention
• Home filing date is less than 6 months from the filing date in Hungary
• Home country is a party to the WTO (World Trade Organization)
• International registration can be based in Hungary

The mark must be used within 5 years from the date it was registered. The number of use is measured on a business scale and use must happen in this jurisdiction.

Registered marks in Hungary are valid for 10 years starting on the application date.

The first renewal will take place 10 years from the date the application was filed.

Yes. Unregistered marks are legally allowed to be used for goods and/or services.

The average time frame for the registration approval is 4 months, if no objections or oppositions arise.

No. The territorial limit of your registration will be Iceland only.

Yes. Trademark application requires a signed power of attorney.

Yes. You may benefit from pre-filing use in several ways: 

• Show distinct characteristic of the mark
• Defeat opposition to trademark application based on non-distinctiveness
• Establish rights if you can prove pre-filing use

Yes. Non-use is a potential ground for cancellation of registration.

If you can graphically reproduce a sign and if it adds more distinct characteristic to your good/service, then you may register your mark. Marks that are allowed by law to be registered: 

• Words,
• Slogans,
• Names,
• Colors,
• Sounds
• Smells,
• Shapes (three dimensions),
• Devices,
• Trade dress,
• Collective marks,
• Holograms

There are three phases of trademark application in Iceland namely: examination, registration and publication.

1. Examination - The trademark office will examine the application in terms of: classification, clarity, formalities, conflict with other applications, descriptiveness, and distinctiveness.
2. Registration - Once the examiners passed the application, the trademark office will then issue the registration grant.
3. Publication - The public will have access to the application details and third parties will have a chance to oppose after the following details are published: mark, applicant name, applicant's address, filing date, goods and services, representation and priority claim.

You cannot register any mark that contradicts Iceland’s standards of moral or any mark that poses a threat to public order. Terms that have a common or broad meaning are also non-registrable. Names/symbols/flags of states/nations/international organization are prohibited for registration. Any mark that is non-distinct and any mark that functions primarily as a geographical location is non-registrable.

Yes. Nice Classification is effective in Iceland. Only one application is necessary for trademarks that cover multiple classes of good/service.

Yes, but the applicant must meet the following requirements: 

• Applicant’s country of origin is a member of Paris Convention
• Application in home country was filed within the past 6 months 

If these requirements are met, the filing date in the home country can be claimed as the filing date in Iceland.

Use your trademark five years from the date of registration. The courts in Iceland reserve the rights to define the details of the user requirements (trade, commerce, marketing, advertising, etc.). However, the law mandates owners to use their trademark within the jurisdiction of Iceland.

Validity of a registered trademark will last 10 years.

Count 10 years from the date the registration was granted.

Yes. You may legally use your unregistered trademark for selling goods/services.

The average time frame for the registration approval is 12 months, if no objections or oppositions arise.

Your registered trademark will be protected in the Republic of Ireland with the exclusion of Northern Ireland.

Yes, a Power of Attorney is required.

Yes. There are three benefits of pre-filing use: 

1. Demonstrate the mark’s distinct qualities and characteristics
2. Defeat third-parties opposing on the grounds of non-distinctiveness
3. The first party to use the mark establishes ownership rights (unless proven otherwise)

Yes. Non-use of a registered trademark makes it vulnerable to cancellation.

You may register any graphically reproducible marks that are capable of making your good/service distinguishable: words, slogans, names, holograms, sounds, devices, colours, trade dress and 3-dimensional shapes.

There are three phases of trademark application in Ireland namely: 

1. Examination – Your application will be examined based on several factors such as compliance, clarity, classification, conflicts, deceptiveness, descriptiveness and distinctiveness.
2. Publication – The particulars of your application will be published online including the mark itself, your name and address, the date and number of your application, among other details.
3. Registration – The application will go through prosecution, and if there any opposition, before the mark will be officially registered.

Applicants cannot register any of the following: 

• Marks that are contradictory to Ireland’s standards of moral and/or public order
• Generic words or terms that have broad meaning
• Marks that contain names/flags/symbols of states/nations/international organizations unless responsible authorities have granted permission
• Marks that lack distinctiveness
• Marks that serve primarily as names of geographic locations
• Marks that banned in this jurisdiction
• Marks that intend to deceive the consumers or public
• Marks that are applied for in bad faith

Yes. Ireland uses the Nice Classification system. Marks that cover several classes of goods/services, single application will cover all of that.

Yes. You may claim the filing date of your home application as the filing date in Ireland, but you have to meet the following pre-requisites: 

• Your home country must be a member of the Paris Convention
• The filing date of your home application is not more than 6 months from the date of filing in Ireland
• Your home country is a WTO (World Trade Organization) member
• Your international registration is recognized in this jurisdiction

You must use your registered mark within 5 years from the date the registration was published. Note that the use must be genuine and must happen in Ireland.

The validity of a registered trademark in Ireland is 10 years which is calculated from the date of application.

You must renew your trademark 10 years after the date when the application was filed.

Yes. You may legally use your trademark for business purposes.

Yes. Community Trademark, currently known as European Union Trade Mark, takes effect in Ireland.

The average time frame for the registration approval is 18 months, if no objections or oppositions arise.

Having a registered trademark in Italy means having protection in both the Republic of Italy and Republic of San Marino.

Yes. Trademark application in Italy requires a power of attorney. 

No. Pre-filing use is not beneficial and can even be risky. If another person applies (in good faith) for an identical mark, prior user will have no right to oppose.

Yes. Registered marks that are not in used are at risk of revocation.

Any mark or sign that can be represented graphically and can add a distinguishable element to a good or service is acceptable for registration: 

• Words
• Sounds
• Names
• Colors
• Devices
• Holograms
• Trade dress
• Motions
• Shapes with 3 dimensions

The sequence of trademark application is as follows: 

• Examination – Once the application is submitted to the trademark office authorities, some elements will be examined such as: classification, formality, deceptiveness, descriptiveness, and distinctiveness.
• Publication – The specifics of the application will be posted online and on print so the public can have access. Details include the mark itself, application number and date, name and address of applicant, goods and services, among others.
• Registration – If there are no obstacles to the application and nobody has opposed after the publication, the trademark office will then issue the registration certificate.

Yes. The following marks are prohibited in this jurisdiction: 

• Marks that contradict public policy or go against standards of moral
• Terms and words that have a general meaning
• Marks that include flags, names or symbols of any state, region, nation or international organization
• Marks that serve primarily as a name of a geographical location

Yes. Nice Classification system is effective in Italy.

Yes. The date of filing in your home country can be petitioned as the date of filing in Italy if: 

• Your home country is a Paris Convention member
• The application date in your home country is within 6 months prior to your date of application in Italy.

You must use the mark within 5 years from the date the registration was granted. The mark must be commercially used in this jurisdiction. Using it as a token is not acceptable.

Registered marks in Italy are valid for 10 years.

The first trademark renewal will take place on the 10^th year from the date you filed the application.

Yes. Unregistered marks can be legally used for goods and/or services.

Yes. Community Trademark, known today as European Union Trade Mark (EUTM), takes effect in Italy.

The average time frame for the registration approval is 6 months, if no objections or oppositions arise.

A registered trademark in this jurisdiction is protected in Norway including the Continental shelf and all of its territorial waters.

Yes. Applicants are required to sign a power of attorney.

Yes. Provided the pre-filing use occurred in Norway, the applicant may benefit by being able to demonstrate the distinctiveness of the mark. This will also aid the applicant in winning against challenges based on non-distinctiveness.

Yes. When the owners are not using their registered trademark, they make it vulnerable to cancellation attacks from competitors.

The following marks that can be recreated graphically and can make a product/service distinct from others are allowed for registration: 

• Names
• Terms/words
• Touch
• Taste
• Motion
• Hologram
• Smell/scent
• Sound
• Slogan
• Colour
• Devices
• Shapes with 3 dimensions

The order of phases of application is as follows: examination, registration and publication. 

1. Examination – the Norway Trademark Office will examine the application based on a number of factors namely formalities, classifications, clarity, descriptiveness, deceptiveness, distinctiveness and conflicts with other applications.
2. Registration – The trademark office of Norway will perform the prosecution process and if no challenges or oppositions are received, the office will then issue the registration certificate.
3. Publication – The trademark will be published in the Norwegian Official Trademarks Gazette.

The following marks are banned by this jurisdiction for registration: 

• Marks that oppose standard of moral or marks that are incompatible with public order
• Common terms with plain or general meaning
• Marks that lack acquired distinctiveness
• Marks that primarily serve as last name or surname
• Marks that primarily serve as name of a geographic location
• Marks that use flags or symbols or names of states, nations and international organizations without permission from authorities
• Marks that can be deceiving to the public

Yes. Nice Classification system is effective in Norway. For trademarks that will be covering multiple classes of goods/services, one application will suffice.

Yes. The filing date in your home country can be claimed as the filing date in Norway provided that your home country is a member of the Paris Convention and its filing date does not exceed 6 months from the filing date in this jurisdiction.

Use the mark 5 years from the date it was registered. You must use the mark for business purposes and the selling or marketing must occur in Norway.

A registered trademark in Norway is initially valid for 10 years starting on the date of application.

The first renewal of your trademark will take place 10 years from the filing of application date.

Yes. It is legal to use an unregistered mark for selling goods/services.

The average time frame for the registration approval is 18 months, if no objections or oppositions arise.

No. The mark will be protected only in Poland.

Yes. A power of attorney is necessary to complete an application.

Yes, but the benefits are minimal since rights are primarily established through registration. Pre-filing use may enable the applicant to show the mark’s distinctiveness and use it to defeat third parties opposing on the ground of non-distinctiveness.

Yes. Non-use of a registered mark is a valid ground for revocation.

You may register any mark that can be replicated graphically and any sign that can add distinguishing qualities to a good or service. It can be a: 

• Name
• Word
• Motion
• Hologram
• Device
• Shape (with 3 dimensions)
• Slogan
• Colour
• Sound
• Trade-dress

The sequence of the application process is as follows: 

1. Examination – Once the application was submitted to the trademark office, it will be examined according to its: formality, deceptiveness, classification, descriptiveness and distinctiveness.
2. Publication – The application details will be published online and in print for the public to see. Publication will allow third parties to challenge the application. Particulars that will be published include: mark, goods/services, number and date of application, name and address of applicant, priority claim, and class number.
3. Registration – Once the prosecution procedure is done, the oppositions are overcome, and if there are no other grounds for refusal, the registration will then be issued by the authorities.

The following marks are prohibited from registration: 

• Marks that are in conflict with standards of moral and public order
• Marks that consist of general words or terms that have broad meaning
• Marks that contain flags, symbols and names of international organizations, regions, states and nations without authorization from its respective authorities
• Marks that lack acquired distinctiveness
• Marks that serve principally as a name of a geographic location

Yes. Poland uses the Nice Classification system. A single application is needed to cover multiple classes of goods/services; if the mark will be used for more than one class of goods/services.

Yes. It is possible to claim the filing date in your home country as the filing date in Poland provided that: 

• Your home country is a member of the Paris Convention
• The filing date in your home country does not exceed 6 months from the date of application in this jurisdiction

The mark must be continuously used for a period of 5 years. The amount of use is not specified by law but use must occur in Poland.

The mark will be valid for 10 years counting from the date of application.

The first renewal of the mark will occur ten years from the filing of application date.

Yes. It is legal to use a mark for goods/services even if it is not yet registered.

Yes. Community Trademark is effective in Poland. Note that Community Trademark has now changed its name to European Union Trade Mark (EUTM).

The average time frame for the registration approval is 8 months, if no objections or oppositions arise.

When you register your trademark in Spain, your mark will be protected in Spain’s national territory including mainland, Balearic and Canary Islands and Ceuta and Melilla cities.

Yes. A power of attorney is necessary to complete the application.

Yes, there are benefits. First, it will enable the owner to establish distinctiveness of the mark. Second, the owner can use this distinctiveness to win cases filed by third-parties on the basis of non-distinctiveness.

Yes. Non-use of the registered mark can be a valid ground for the registration to be cancelled.

Signs that can be replicated graphically and have the capability of making a product distinct are registrable: names, words, sounds, slogans, trade dress-up, devices, 3-dimensional shapes, and colors. Colors can be registered provided these are interpreted in a specific shape and it’s not too simple. Colors must also be identified in Pantone shades.

The application process goes through several phases. It starts with online publication of information such as name of applicant, date and number of application, product/service, the mark, etc. Once the application was published, it will be examined by the registration officers. They will validate if the application is compliant to all requirements. Opposition period is also granted to third-parties before the mark can be officially registered.

The law prohibits the registration of the following marks: 

• Marks that pose a threat to public order
• Scandalous or immoral marks
• Generic terms
• Symbols and flags of nations, states, regions
• Symbols and flags of international organization
• Marks that are lacking in distinctiveness
• Marks that are known as geographical location

Yes. Nice Classification is effective in the jurisdiction of Spain. Only one application is needed for trademarks that cover multiple classes of products/services.

Yes. If the application’s country of origin is a Paris Convention signatory, the first filing date can be claimed as the filing date in Spain provided the application occurred within the past 6 months. It is also possible to claim priority registration if the home country of the applicant is a WTO (World Trade Organization) member.

You must use the trademark for commercial purposes within 5 years from the date it was registered. The commercial use must be performed within the jurisdiction of Spain.

The validity of the initial registration is 10 years. The beginning of the term is computed from the date of application.

Count 10 years from the date the application was filed.

Using an unregistered trademark for tobacco products is illegal.

Yes. European Union Trade Mark (new name for Community Trademark) registration system is effective in Spain.

The average time frame for the registration approval is 10 months, if no objections or oppositions arise.

No. Sweden is the territorial limit.

A power of attorney is not a requirement unless the applicant wants to change attorney or needs to respond to an official request.

There are minimal benefits from pre-filing use of a mark. The applicant may show the distinctiveness of the mark and overcome oppositions on the ground of non-distinctiveness.

Yes. Your registered mark will be cancelled if it is not in use.

Marks that can be represented graphically and can show the difference of a product or service from its counterparts are registrable: 

• Words
• Holograms
• Names
• Trade dress
• Devices
• Smell
• Shapes (3-dimensional)
• Sounds
• Colours
• Slogans

There are 3 phases of trademark application in Sweden: 

1. Examination – Formality, clarity, distinctiveness, descriptiveness, classification, deceptiveness and potential conflicts will be examined by the trademark authorities. Compliance during this phase is extremely necessary in order to avoid refusals which will make the procedures complicated and lengthy.
2. Registration – A registration of the mark will be granted and will be published so that third parties will have the chance to oppose.
3. Publication – The details of the mark will be published such as the mark, name, address, date, application number, goods/service, priority claim and representation.

The following marks are banned from registration: 

• Marks that go against standards of morality and /or public policy
• Terms or words that have a general meaning
• Marks that contain unauthorized names, symbols or flags of regions, states, nations and international organizations
• Marks that lack acquired distinctiveness

Yes. This jurisdiction uses the Nice Classification system.

Yes. Community Trademark registration is effective in Sweden. Note that Community Trademark is now called European Union Trade Mark.

Yes. It is possible to claim the filing date in your home country as the filing date in Sweden if the following pre-requisites are met: 

• The filing date in your home country occurred within the past 6 months prior to the date of application in Sweden
• Your home country is a signatory of the Paris Convention
• Your home country is a member of the WTO (World Trade Organization)
• The international registration can be based in Sweden

You have to use the mark within 5 years from the date it was registered. You must use it in Sweden and must be for business purposes.

Registered marks in Sweden are initially valid for 10 years.

The first renewal will take place 10 years from the date the registration was granted.

Yes. Using an unregistered mark for selling of goods or service is legal in this jurisdiction.

The average time frame for the registration approval is 4 months, if no objections or oppositions arise.

No. The territorial limit of your mark’s protection is Switzerland only.

No. Power of attorney is not mandatory; however, this will be needed if the applicant wants to change attorney.

Yes. It will help you demonstrate the mark’s distinctiveness and win against oppositions on the ground of non-distinctiveness. However, the benefits from pre-filing use are limited, minimal and applicable only in exceptional cases. Using an unregistered mark in Switzerland is actually risky than beneficial.

Yes. Owners that do not use their trademark after registration are making their marks vulnerable to nullity action.

Marks that are graphically reproducible and marks that enable a product/service to be distinguished from its counterparts can be registered:

• Names
• Words
• Sounds
• Taste
• Motions
• Touch
• Smell/scent
• Colour
• Slogan
• Devices
• Trade dress
• Hologram
• Shapes with 3 dimensions

There are three phases of trademark application. 

1. Examination – The Trademark Office will examine the application based on formalities, deceptiveness, descriptiveness, clarity and distinctiveness. Compliance is extremely important to avoid refusal.
2. Registration – All applications will go through the prosecution stage where challenges and oppositions must be overcome. Once the opposing parties are defeated or if there are no opposing parties, the registration will be granted.
3. Publication – The particulars will be made accessible to the public. It will be posted on the official Swiss online register database: http://www.swissreg.ch/.
   • Mark and the good/service it represents
   • Name and address of applicant
   • Number of application and its date
   • Information about priority claim
   • Trademark representation

The following marks are prohibited from getting registered: 

• Marks that are contradictory with moral principles or marks that threaten public order
• Common words with broad meaning
• Marks that do not display distinctiveness
• Marks that primarily act as names of geographic locations
• Marks that use names/flags/symbols or regions/nations/states/international organizations

Yes. Switzerland uses the Nice Classification system. A single application will cover multiple classes of goods/services.

Yes. The filing date in your home country can be claimed as the date of filing in Switzerland if these requirements are met: 

• Your home country is a member of the World Trade Organization or a signatory of the Paris Convention
• The date of the home application does not exceed 6 months from the date of filing in Switzerland
• International registration can be based in Switzerland

For national registration: 

• five years from the date the opposition term has expired - if no oppositions arise
• five years from the date the opposition proceeding was terminated – if oppositions arise 

For international registration: 

• five years from the publication date when the Swiss Trademark Office granted the definite protection 

The trademark must be used for selling or marketing purposes. It must be used in Switzerland. Use in Germany is also acceptable based on the provisions of the Swiss-German treaty.

The term of a registered mark is 10 years from the date of application.

The first renewal should take place on the 10^th year from the date the application was filed.

No. It is illegal to use any unregistered mark for business.

The average time frame for the registration approval is 5 months, if no objections or oppositions arise.

When you register your trademark in the UK, it will be protected in Wales, England, Scotland, Northern Ireland, the Isle of Man and the Falkland Islands.

No. It is not a filing requirement and will not be needed during prosecution.

Yes. There are a number of benefits from pre-filing use: 

• Show distinctiveness of mark
• Dismiss oppositions based on non-distinctiveness
• Invalidate a similar registered mark if use is earlier than the date of its application
• Establish reputation and obtain better protection

Yes. Not using your trademark makes it vulnerable to cancellation or revocation.

Registrable marks are those that can be interpreted graphically and can make the business distinct from its competitors: words, slogans, names, devices, sounds, scents, holograms, motions, touch, taste, 3-dimensional shapes and colors.

The application will go through 3 phases: 

1. Examination – The application must comply with respect to formalities, classification, descriptiveness, distinctiveness and clarity.
2. Publication – The filing details will be posted online including the mark itself, goods/services involved, applicant’s name and address, date and number of application, information about priority claim, and the trademark’s representation.
3. Registration – After the prosecution, and if no opposition was filed, the issuance of registration will come next.

This jurisdiction prohibits the registration of the following: 

• Marks that go against standards of moral or marks that interfere with public order
• Words or terms that have a broad meaning
• Marks that represent the Royal Family
• Applications made in bad faith
• Words that are illegal in the UK
• Marks that does not show distinctiveness
• Marks that are deceptive
• Unauthorized use of flags/symbols/names of international organization and states/nations
• Marks that serve as names of geographic location

Yes. United Kingdom uses the Nice Classification system.

The withdrawal of the United Kingdom from the European Union due to Brexit has become effective as of February 1, 2020, however there will be a transitional period until December 31, 2020. Up to that date, the trademarks that are registered in the European Union will also be valid in the United Kingdom, but those that are still in the process of registration will need to be reapplied for in the United Kingdom (entitled to invoke priority for 9 months). Therefore, if you wish to initiate the registration process in the United Kingdom now, we recommend that you submit two applications, one for the European Union and one for the United Kingdom.

Yes. You may claim priority in this jurisdiction when you meet the following requirements:

• The date of the application in your home country does not exceed 6 months from the date of application in this jurisdiction
• Your home country must be a signatory of the Paris Convention

This jurisdiction requires that you use your registered trademark within 5 years from the date the registration process was completed. This is calculated from the date your registration was published in the Trade Marks Journal. Use must take place in this jurisdiction and number of use can be minimal.

Validity of registered trademarks in the UK lasts for 10 years starting on the date of application.

Renew your trademark 10 years from the date you filed your application.

Yes. You can legally use your mark even if it’s not yet registered.

Yes, for a broader and stronger protection in India, we recommend registering your trademark in local characters.

If the trademark is registered only in its original version (Latin characters), the protection does not always properly protect its equivalent in the local language. This means that a third party could use or register the same trademark (or a similar one) in local characters.

In additional to the legal benefits, the registration and use of the trademark in local characters can also have commercial benefits. The public in India will recognize your brand more easily if they are able to read and correctly pronounce the mark.

Registering your trademark in its original version, as well as local transliteration/translation, will provide a greater protection from any possible infringements.

The average time frame for the registration approval is 24 months, if no objections or oppositions arise.

No. The registered mark is protected only in India.

A power of attorney is a required to complete the application procedure.

It may demonstrate the acquired distinctiveness of the mark and help overcome an opposition to the application on the grounds of non-distinctiveness.

Pre-filing use of the mark is advantageous. The first person to use a mark obtains the ownership to such mark, even if other parties subsequently register it.

Yes, attack on the ground of non-use is available.

• words
• names (note: personal names are not allowed)
• devices
• certain three-dimensional shapes
• colours (acquired distinctiveness must be proved)
• slogans
• sounds
• trade dress/get-up
• holograms
• collective marks
• certification marks
• well-known marks
• service marks

The order of the application process is as follows

1. Examination – The trademark is examined in respect of:
   • Formalities
   • Classification
   • Clarity
   • Descriptiveness
   • Distinctiveness
   • Deceptiveness
   • Conflict with prior registration
   • Religious susceptibilities
2. Publication – Details about the application are posted online:
   • Mark
   • Name of applicant
   • Address of applicant
   • State or country of incorporation of applicant
   • Application number
   • Application date
   • Goods/services
   • Priority claim information
   • Dates of first use
   • Representation of trademark
3. Registration – Official registration is granted once the application is able to pass the first and second phases and once all oppositions are overcome.

• marks contrary to moral standards or public order
• generic terms
• names, flags or symbols of states, nations, regions, or of international organizations
• marks without acquired distinctiveness
• marks that function principally as surnames
• marks that function principally as geographic location names

Yes, the Nice Classification System is effective in India.

The European Union Trade Mark registration (formerly the Community Trade Mark registration) is not effective in India.

Yes, if the following conditions are satisfied:

• If an applicant's home country is a signatory to the Paris Convention
• If the applicant’s home application was filed within the fixed period of six months preceding the application in this jurisdiction
• Registration based on the Madrid Protocol also enables an applicant to claim priority

A trademark must be used within five years and three months from the "sealing date."

The initial term of a registration is 10 years which is calculated from the application date.

The first renewal date of a registration is 10 years from the application filing date.

Yes, it is legal. You may use an unregistered mark for any goods or services.

The answer to this question depends on the characteristics of your mark, your budget and the scope of protection that you would like to have in India.

If your trademark contains distinctive verbal elements (text) as well as design elements (graphics or logos) and you wish both to be protected, our recommendation is to file two trademark applications; one to protect just the verbal elements (the application will be filed as “Word Mark”) and another to protect just the design elements (the application will be filed as “Combined Mark”).

In this case, proceeding with two trademark applications has the following advantages:

1. Broader and stronger protection. If a third party files a “Combined Mark” with very similar text to yours but different design, their “Combined Mark” could be accepted for registration if you only filed a “Combined Mark” and not a “Word Mark,” because in its entirety the third party’s mark is still considered different from yours.
2. You will be protected if your logo evolves. It is common for companies to change the design of their logo with time. If you file a “Combined Mark” and not a “Word Mark,” your new logo will not be protected. You must use your trademark exactly as registered; if you don’t, your trademark may be subject to cancellation.
3. Effective verbal and graphics protection. Filing a “Word Mark” application provides greater flexibility to use your mark in different ways, whether it is presenting it in stylized text or presenting it with different designs (as long as they are not too similar to registered trademarks that belong to third parties). At the same time, filing a “Combined Mark” allows you to protect the design elements of your mark.

If your trademark also contains a slogan or a distinctive design symbol, we suggest you file a specific application for each, as this will give you additional protection.