CET
     
  

Trademarks and Domain Names

  

Navia Law - Trademarks and Domain Names

 

The trade name and trademarks of a company are in practice often among that company's most valuable assets. The success and even survival of some businesses may depend entirely on their ability to protect their trademarks, irrespective if it is a local trademark registration or a Community Trademark (CTM). Consequently, it is important to implement a dynamic trademark strategy of how to protect those assets. At Navia Law, we practice a holistic approach to trademark strategy and we believe that such a protection strategy certainly shall include considerations based on both market aspects as well as address legal risks, and how those should be handled both proactively and if an infringement would occur.

It is also very important to have all formalities relating to trademarks in order to ascertain validity. As with corporate documents, the manner in which a company handles the formalities regarding its intellectual property rights may affect the value of the company as a whole, e.g. in an acquisition situation. If the seller is not able to provide reliable evidence that important intellectual property rights have sufficient protection, a potential purchaser may even decide not to follow through with an acquisition, based on the assessment that there is a risk that claimed intellectual property rights have deficient protection.

As a natural offspring of the trademark, the domain name has also become a valuable asset in recent years. Domain names are closely linked to trade names and trademarks in that they are one of many expressions of them. Rules regarding registration of domain names and dispute resolution within the domain name area have improved immensely since these issues surfaced in the late 90’s. Still today, there are companies specialized and active in registering domain names that they gather other companies or persons have a legitimate interest in and attempt to sell those domain names to the interested parties. There are also many unreliable domain name registrars that use intimidation tactics to persuade companies to register domain names similar to their own or in obscure juridisdictions.

Our general position is that there is no need to register any domain names for protection purposes, but instead focus on registering domain names needed in the business or that may reasonably be needed in the business going forward.

Within trademarks and domain names we may offer e.g. the following specialized services:

  • handling of cybersquatting/domain name theft
  • practical trademark and domain name protection strategies
  • Draftning of internal trademark and domain name instructions and policies

Please contact us for further information on how to improve handling and protection of your company’s trademarks and domain names internationally and in Sweden.

 

Legal Advisory ServicesBusiness AgreementsTrademarks and Domain Names

Corporate DocumentsLegal TranslationsPartnering