IPR- a short introduction Founders House 22.June 2016

- INTRODUCTION - TRADEMARKS - DOMAIN NAMES AGENDA

Hello! Randi Munk 8 years of experience with IPR: - Patent enforcement - IP strategy - License agreements - Trademarks - Domains - IP disputes - Parallel import - Anti-counterfeit Visit my Linkedin profile herehere

1. TRADEMARKS

WHAT IS A TRADEMARK? LOGO Itext in a specific font, or/and with an image. Or simply an image. SLOGAN In plain text. E.g. “Just do it ®” NAME The company or product name in plain text. E.g. “MÆRSK ®”, “NORDEA ®”, “KIA®” SOUND Must be described in writing too (as notes) E.g. “Wall street stock exchange bell” SMELL Must be escribed with a chemical formula. E.g. “Smell of fresh cut grass”, 3D 3D and hologram marks. Still early days.

REQUIREMENTS FOR ALL TRADEMARKS 1. The trademark must be distinctive and non- descriptive.

2. Trademark must not be identical or confusionly similar with other marks in the same class. REQUIREMENTS FOR ALL TRADEMARKS

3. The trademark must have the ability to be represented grahpically. REQUIREMENTS FOR ALL TRADEMARKS

TRADEMARK CLASSES ✘ Important part of registration ✘ 45 different classes – products and services ✘ More trademarks with the same name can co- exist if registered in different classes. ✘ Also co-exist in the same class, if very different products in the same line of business

TRADEMARK CLASSES Exampel of the class relevant for software :

LEGAL SEARCH Check if your trademark has been taken here (global search): TRADEMARK SEARCH: CLASS SEARCH:

In the Ideal world = before launch! In the real world = anytime, but prefarably before your brand gets too big. WHEN TO REGISTER?

WHERE TO REGISTER?

ApplicationRenewalPeriod (Y) INTERNATIONAL (WIPO) N/A 10 EU (28 COUNTRIES) DENMARK

AN EXAMPLE Your company is interested in Scandinavia, US and China. For registrering your name in the above countries in one class _ = 13000DKK

WHAT THE REGISTRATION LOOKS LIKE

SO WHAT DO YOU GET? Brand value Eternal protection Distinction from the competitors

Ok, now we have the registration. Are we safe now?

NO, YOU’RE NOT! SECOND – REGISTRATION PROCEDURE (can go two ways) FIRST - REGISTRATION THIRD - PUBLICATION FOURTH – OPPOSITION? FIFTH – TRADEMARK FINAL FOR EVER – RISK OF CANCELLAITON (by request or officially)

RISKS EVEN WITH A REGISTRATION If your mark is being used as a general term – e.g Xerox, Google, Rockwool If your competitors think your mark is too close to theirs If new similar marks is registrered into the database, and you don’t discover this before the mark has been granted.

2. DOMAIN NAMES

Place your screenshot here WHY BOTHER REGISTERING?

ADVANTAGES - Easier to get your domain, if a prior trademark right - Administration and management is cheap

DOMAIN STRATEGY ✘ Depends on your business needs. Where do you need to have a local presence? ✘ For.com or other important.xx, remember to register domains around the name ✘ Register your domains as soon as you know which trademark or brand you want to proceed with

thanks! ANY QUESTIONS?

credits Special thanks to all the people who made and released these awesome resources for free: ✘ Presentation template by SlidesCarnivalSlidesCarnival ✘ Photographs by UnsplashUnsplash