Examination of your application
When PRV receives an application, we examine it. You can find information about how we do that, below.
Once received, PRV makes sure that your application meets the four criteria in order for your application to get a filing date:
- It must be clear that it is an application
- The name of the applicant must be clear
- The application must include a representation of the trademark
- You must include a list of the goods and/or services that you wish to register the trademark for.
If any of these are missing, you will get a letter from PRV. You respond by sending in or clarifying the information we are asking for. It is important that you respond in time, otherwise we will have to reject your application.
When your application has received a filing date, PRV starts a formal examination of your application. We go through your application to see that we have all the information we need to examine it:
- it must be a complete application
- the fees must be paid
- the trademark must be represented in the required way
If anything is unclear or missing, you will get a letter from PRV. You respond by sending in or clarifying the information we are asking for. It is important that you respond in time, otherwise we will dismiss your application.
Once an application meets the formal requirements we examine if there are any substantive reasons why the trademark should not be registered. For example, if the trademark lacks distinctiveness or is confusingly similar to an earlier trademark or company name.
We also check that the trademark does not:
- risk misleading the public,
- violate any law or constitution,
- violate good practice or public order,
- contain a national emblem, state flags, state control or guarantee designations without permission,
- consist of or contain something that can be perceived as someone else’s name with special protection, a well-known artist name or similar name, if the use of the name can be a disadvantage to the bearer,
- contain a picture of someone else.
If the name or picture refers to someone long since diseased, the trademark may be registered.
PRV cannot guarantee that the examination of earlier rights is comprehensive, since there may be established trademarks that are not registered and that PRV therefore has no knowledge of.
If we find something that might be a reason for not registering your trademark, you will receive an office action. An office action is a letter where we inform you of the reasons why we cannot register your trademark. The objections may not be definite - you receive the letter so you might overcome them. Here are some examples:
- You can waive the exclusive right of the part of your trademark that is not distinctive.
- Did we request documentation showing that your trademark has acquired status as an established trademark? Read more under “Distinctiveness” about how you can prove your use of the trademark.
- If your trademark is confusingly similar to an earlier trademark, you could limit the goods and services or send in a letter of consent from the owner of the other trademark.
You need to respond to the letter within the set time, otherwise we might have to dismiss or refuse your application.