International trade mark protection

If you are going to market products and/or services in markets outside Sweden, it is important that you apply for international trade mark protection. Not only to secure the intellectual property rights to what you sell, but also to not risk unknowingly infringing an already registered foreign trade mark.

What does international trade mark protection involve?

International trademark protection, just like trade mark protection in Sweden, is about ensuring the exclusive rights of use for things that specifically characterize your particular products or services. For example, it can be a specific logo, a font, a product design, or a signature sound.

Since a Swedish trade mark registration only applies within Sweden, it is important that you apply for international trade mark protection if you intend to sell your goods or services on foreign markets. It is also important to obtain trade mark protection in the country where you may manufacture.

The application can be made in three different ways depending on whether you wish to protect your trade mark in one country alone, within the EU, or globally.

Different registration requirements for different countries

International trade mark protection is obtained by registering your trade mark in the foreign market or markets on which you are going to market your goods and/or services. The application process is quite similar in most markets, but some countries have their own specific requirements for who is permitted to register a trade mark and the process involved. For example, you may need to have a partner or other local contact in the country, which understandably takes time to establish and makes it a difficult requirement to meet.

PROTECT YOUR BUSINESS

How to protect your brand abroad

Depending on where you wish to obtain trade mark protection for your products or services, your application should be sent to different authorities.

Trademark protection in a specific country

If you are only planning to sell your products or services in one or just a few individual markets outside of Sweden, it is sufficient to apply for registration in that specific country or those countries. The application is then sent directly to the relevant intellectual property office in that country – that is, the equivalent of the Swedish Intellectual Property Office (PRV).

A complete list of intellectual property offices in individual countries can be found at the World Intellectual Property Organization (WIPO).

Trademark protection in the EU

If you wish to protect your trademark in several European countries, it is both cheaper and easier to apply to register an EU trademark, rather than filing individual applications for each country. This is the case even if you do not intend to market your business on all markets within the EU.

International trademark protection within the EU gives you the exclusive right to market your services or goods in all member states of the Union. Both existing and future members. The application for registration is sent to the European Union Intellectual Property Office – EUIPO.

It is important to keep in mind that, for example, Switzerland, Norway, or the UK are not covered by trademark protection within the EU because they are not themselves members of the Union. So protection in European countries that aren’t members of the EU must be applied for separately.

Global trademark protection

You will get the most comprehensive international trademark protection if you apply for trademark registration with the World Intellectual Property Organization (WIPO). Over 100 countries are available to choose from, as well as unions such as the EU and BeNeLux. You choose which countries and/or intergovernmental organizations you want to apply for trademark protection in.

It’s important for you to know that international trademark protection via WIPO can only be obtained once you have applied for and been granted national trademark protection in Sweden or trademark protection within the EU. This is because your registration with the Swedish PRV or the European EUIPO is the basis for your application to WIPO.

Helpful information about trade mark protection abroad

International trade mark protection can be obtained in the countries and intergovernmental organisations that are parties to the Madrid Protocol.
Your international trade mark registration is linked to your Swedish registration for five years from the date it takes effect. This means that any changes in your Swedish registration – the so-called basic registration or application – also affect the international registration for your trade mark. Examples of changes can be a new list of goods or services, or if trade mark protection is terminated.
Trademark protection outside of Sweden can only be obtained if there is not already a similar or identical registered trade mark in the markets and within the trademark classes you are applying for.

We can help you protect your trade mark internationally

Do you want help applying for trade mark protection outside of Sweden? Get in touch with us at Abion. Our trade mark experts can be of service with everything from a preliminary investigation to application and further management of your approved trade mark registration.

FAQ about international trade mark protection

Does a backorder guarantee I will get the domain?

No. A backorder increases your chances, but if multiple parties compete for the same domain, it may go to auction or be registered by another provider. We use established registration channels and monitor the release process closely to maximise your chances of success.

Can you backorder any domain name?

Backorder availability depends on the TLD and registry policies. We will confirm eligibility before placing a request.

What happens if you don’t meet the requirements?

Non-compliance can result in fines, legal consequences, and damage to both your brand and your business. More importantly, the directive is about having effective security controls in place that reduce vulnerabilities and strengthen your resilience against attacks.

What happens if more than one person places a backorder?

Depending on the registry and provider, the domain may enter an auction process or be allocated based on system priority. We will inform you about the process.

What if the backorder is unsuccessful?

If the domain is not secured, we can advise on brokerage options or alternative domain strategies.