Trademarks include brand name, logo, and slogan.
While domain names are not protected as trademarks, you can buy your domain name and, therefore, ensure its protection. In our digitalized world, this is very important as your website will likely be your brand's visual identity.
Research what already exists on:
Assess the risk of confusion. Indeed, as you'll read below, registering a trademark works on a geographical level. In that context, some foreign systems may partially deny your trademark if there is a risk of confusion. Therefore, you should assess whether consumers might mistakenly believe that two different products or services come from the same source due to similarities in their trademarks. If your trademark is too similar to the one of another company, consider making some changes.
Avoid descriptive trademarks, as such trademarks won't be accepted by the competent registry. A descriptive mark (e.g., "Creamy" for an ice cream brand) cannot be registered as it lacks distinctiveness. Instead, a mark should be unique and distinguishable. The trademark should not simply describe the goods or services it represents.
Refer to the 45 classes included in the Nice Classification to categorize goods and services related to your trademark, and choose the right class(es) to ensure proper protection in your business field.
Conscious decision: The trademark registration is discussed early on the company's journey and the decision to register or not a trademark is documented. The availability of the domain name and the trademark is researched.
Research: Always do your research before launching your brand. This relates to the availability of the domain name and of the trademark. Having to change the brand because the trademark or the domain name is already registered in a later stage will force the company to re-do the whole branding process.
Non-descriptive: Descriptive trademarks (e.g., "Creamy" for an ice cream brand) are avoided.
Risk of confusion: The likelihood of confusion between the envisioned trademark and other similar trademarks is assessed.
Applicable classes: The trademark is registered in all applicable classes from the Nice Classification.
The protection of trademarks consists of 3 components:
The registration of trademarks works on a geographical level. If you only register your trademark in Switzerland, you will not be protected in the EU or the USA. Registering everywhere is (too) expensive, and it is worth considering where a registration makes sense for your company.
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