Guidelines for your trademark

When you apply for registration of a trademark, there are guidelines that you have to follow for it to be possible to register the trademark. Here is a summary of the guidelines.

The trademark must have a distinctive character 

If there is no distinctive character, it is not a trademark. The design of the trademark must, in itself, be sufficient to be able to distinguish the trademark holder’s goods and services from those of other companies. 

Read more about distinctive character

The trademark must not risk being confused 

The trademark must not risk being confused with another trademark. Under the Trade Marks Act, trademarks can be confused if they are identical or similar and refer to the same or similar goods and services.  

Special guidelines for names  

The trademark must not contain anything that can be understood as another person’s surname that has special protection, generally known artistic names or similar names or contain an image of someone else. This is applicable if the use of the mark would be to the disadvantage of the bearer of the name and if it obviously does not refer to someone long deceased. 

Read more about guidelines for names

Take account of copyright 

A trademark must not infringe someone else’s copyright or right to a photographic image or a pattern.

Permission required for official designation

A trademark may only contain a state symbol, flag or local authority coat of arms if you have special permission.

Read more about official designation

Requirement for submitted documents

Here is a list of everything that applies to submitted documents for trademarks.

Requirements for trademark documents

Has to follow laws and rules

A trademark must not be contrary to laws, other statutes, good practice or public order.