WEBVTT Kind: subtitles; Language: en

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Company name and brand.

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Part 1: Difference between
company name and brand.

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– Warm welcome!

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There is a lot to consider when
starting your own business.

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In this webinar, we will delve into
how to choose a company name.

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And how to
protect your brand.

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We will also look into
intellectual property.

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With me I have Sofia from
the Companies Registration Office.

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And Malin from
the Swedish Patent and Registration Office.

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Warm welcome!
– Thank you!

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– I think we should start by clarifying
the difference between a company name and a brand.

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What do you say, Sofia?

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–Yes, they're not exactly the same thing.

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Company name and brand are two different concepts
with different purposes and meanings.

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The company name is the
official name of the company.

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It's what identifies the company to
authorities, customers, and other stakeholders.

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– So, what is a brand, Malin?

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– A brand is a
symbol, a name, a logo.

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In other words, a logotype.

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Most people recognize IKEA
as a brand that

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is visible to customers on its stores.

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But the company is actually called
Inter IKEA Group.

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A completely different name than what they
use externally

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to market their products
and services to their customers.

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–Your example clearly illustrates that company names
do not necessarily have to be the same as brands.

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– No, exactly.

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Let's take IKEA again as an example.

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They have their famous bookcase called Billy.

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That's the brand for
their product bookcases.

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– But can I as a business owner have
a company name and multiple brands?

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– Absolutely.

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Again, looking at IKEA.

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They have many different names for their
products under the same company name.

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– So, if we summarize briefly here,
my company name is registered

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with you at the Companies Registration Office
and my brand with you at the PRV.

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– Yes.
– Great!

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Now let's take a closer look at
company names with the Companies Registration Office.

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Malin, we'll get back to you
in a moment.

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Part 2: Company names.

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– Let's start with
the Companies Registration Office, Sofia.

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What is it that I register with you?

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– All types of companies,
except sole proprietorships,

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must be registered with
the Companies Registration Office.

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Then you also have to choose
a name for your company.

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– You said except
sole proprietorships.

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What do you mean by that?

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Yes, a sole proprietorship
automatically gets your first and last name

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when you register it, unless you yourself
choose to register another name

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with the Companies Registration Office.

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For some activities that require permits,
registration with the Companies Registration Office is mandatory.

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– So, generally speaking, I start my
registration of the company with you.

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– Yes, exactly.

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All companies, except sole proprietorships,
must start their registration with the Companies Registration Office

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before proceeding to register, for example,
for VAT and tax with the Tax Agency.

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For sole proprietorships,
it is entirely optional.

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And if you do so, it will be
two separate registrations.

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One with the Companies Registration Office
and one with the Tax Agency.

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– When I do the registration, what
protection do I get for my company name?

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– Your company name is only protected
within the business that you operate and register.

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And this applies regardless of the type of company.

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– Do I have nationwide protection?

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– No, it varies, and it depends
on your type of company.

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Sole proprietorships, partnerships
and limited partnerships

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have protection in the county
where you register.

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You can add protection in additional counties,
but there will be a fee per county added.

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Limited companies and limited partnerships,
on the other hand, have nationwide protection.

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– You mention different types of companies.

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How does it affect how the name
of the company can be and should be?

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– Well, one thing, you can't have a company name
that implies another type of company.

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For example, a sole proprietorship
cannot have "AB" (Ltd.) in its name.

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A sole proprietorship also cannot imply
that there are multiple owners.

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Such as "David & Co. Cement"
or "The Brothers Andersson Construction".

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Because the sole proprietorship
is only for one person.

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– What else should I consider
when choosing a company name?

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– One of the most important things
is that the company name, by law,

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must be distinctive.

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"Distinctive", that's probably a new term for many.

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What does it mean?

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"Distinctive" means that the name
cannot be merely descriptive.

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That means that it can't only describe
what the business does.

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For example, "Bicycle Repair Ltd."
or "Good Building Ltd."

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Since it just describes what the company does,
you can't get exclusive rights to it.

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Others must also be able to
use those words in their company names.

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– So, what can I do if I want
what I do in my company name?

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– You can add something, for example,
"Åsa's Bicycle Repair" or "The Bicycle Workshop in Åmål."

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Then the name gains distinctiveness,
and you can get exclusive rights to it.

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– I hear that there's a lot to
consider when it comes to names.

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Is there anything else I
should think about?

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– Yes, one thing is that names
cannot be misleading.

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So it cannot imply another activity
than the one you actually conduct.

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For example, you cannot be called
"Åsa's Construction Ltd." and have a restaurant.

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– This is really important to know
this before applying for a company name.

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– But what can a name then contain?

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How does the Companies Registration Office
think when reviewing company names that come in?

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– When we review names, we usually
divide it into categories.

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Such as geographic names, first and last names,
combinations of characters, and coined words.

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If we elaborate to make it
really clear for our listeners.

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– Let's start with geographic names.

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What do you mean by that?

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– A geographical name contains
a location in Sweden or abroad.

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For example, Åsa Design Kalix.

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The name must have an addition.

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So you can't just be named after a place.

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Then the business must have some form of connection
to the place you want to include in the name.

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To avoid it being
misleading for the customer.

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– What about with first and last names
in the company name?

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– The company cannot just be named a surname
but must have an addition.

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For example, a first and last name or
a business-descriptive word or something else.

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– So I can't just have my last name
and AB [Ltd.] after it, as a company name?

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– No, you can't, you must have some
form of addition, perhaps a geographical place,

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character combination, or something else.

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For example, Andersson 1B3 or
Andersson Bygg AB.

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– This thing with character combinations
I've seen in company names.

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Are there rules for how it should be structured
and look since it's not a real word?

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– Character combinations are common
in company names

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but there are rules to adhere to.

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The combination must be
two characters that are readable.

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For example, K I, which becomes [kii].

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Otherwise, it must be three characters
consisting of letters or numbers or both.

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If you don't have that,
then you must attach an addition

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of a business-descriptive word
or something geographical.

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– If I have a combination
of letters that can be read.

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Do you then see it as a fantasy name?

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– Yes, sometimes a readable
character combination can be seen as a fantasy word.

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Those are actually the names
that receive the most protection in our records.

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Those and non-descriptive words.

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– Non-descriptive words, you say,
that was a difficult word.

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What do you mean by that?

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– Non-descriptive words are words that
aren't related to the business,

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but still aren't misleading.

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Like, for example, Cactus for a media company.

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– You said that it's fantasy and non-descriptive
names that receive the most protection.

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What does that mean for me and my company name?

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– Since those are the two types that have
the most protection in our records, we're stricter

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in the assessment against names
that have similar businesses.

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So it's harder to register a name that is
similar to yours if they have a similar business.

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– Similar business, you say,
and you mentioned protection earlier.

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Can you clarify that a little bit?

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– Absolutely.

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When you register the name, you get protection
within the business you conduct.

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That's also why it's important
to be clear when you

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describe your business in what it
actually does.

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If you just write "sales and design"
we don't think it's clear enough.

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Unless you add, for example,
in which industry you conduct

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sales and design of clothing.

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Otherwise, we don't know which names or
identifiers could be a hindrance.

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– Yes, clarity is good, we understand that.

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Are there examples of business areas where
this clarity is especially important?

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– Yes, if you use terms like trade or
import, export, or consulting,

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then you must specify
which industry you mean.

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On verksamt.se, there is a list
of which types of activities

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that need clarification and
a more detailed explanation.

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– But if I have two areas that
I want to operate in.

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Does that work?

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– Absolutely.

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There are those who want to do several things
in their company and that's perfectly fine.

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You can have multiple areas of activity
in the same company.

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If you know from the start that you're going to have
several different areas of activity,

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then you can include that in your
business description from the beginning.

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What you need to consider is
that the name must be available

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in all areas that you're going to register.

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– What happens if I get a no
on my company name then?

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– Then you submit new name proposals.

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It doesn't cost anything
and you can already from the start submit

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a list of the name proposals that you
could consider using.

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If we reject a name proposal, then we go
straight to the next one based on the priority you've submitted.

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We do this to save time, both for you as
an applicant and for us handling it.

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– Many entrepreneurs start as sole proprietorships
to reform into a limited company.

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Can I bring my company name from
a sole proprietorship to a limited company?

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– It's not possible to give a straight yes
or no to that question.

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As I mentioned earlier, a
sole proprietorship has protection

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in its county whereas the limited company
has protection throughout Sweden.

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So to be able to register your limited company
the name must be available throughout Sweden.

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But it's usually not a problem.

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– Can I check somewhere if it's available?

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– Yes, with the service Help Choosing a Company Name
on verksamt.se, you can search for company names.

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But there's no guarantee that the Companies Registration Office
will register your name proposal.

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Because when you submit your application to us,
we conduct a thorough examination.

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– What do you examine then?

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– Well, there's quite a lot that we consider.

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To begin with, we check if
the name has distinctiveness.

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Then we cross-reference various registers,
including the Patent and Registration Office (PRV),

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to see if there's a registered
identifier that might be a hindrance.

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– If I have different activities in my company,
can I have several names in the same company

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if I don't want to operate everything under one roof?

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– Yes, you can.

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You can choose to protect a part
of the business under your own name.

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Then it's called a specific company name.

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So you select a specific part of the business
with its own name, but under the same organization number.

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– Does it cost anything to make
these registrations?

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– Yes, it does.

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The Companies Registration Office
has a fee for all cases.

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The cost varies depending on whether you're
making a new registration

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or if you're changing
an existing company name.

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On verksamt.se, you'll find all the prices.

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– One last question about company names.

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How long does it take to get your company name
registered with the Companies Registration Office?

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– It depends on various factors including
when during the year you submit your application.

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But a tip is to check
the Companies Registration Office's website.

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There, you'll always find
the current waiting times.

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– Thank you so much!

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I want to meet with you again
in a little while, Sofia.

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– Thank you!

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Part 3: Brand.

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– Hello Malin.

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We've just listened to Sofia and
the Companies Registration Office.

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From PRV's perspective, what do you see as
the difference between company names and brands?

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– The first difference,
since we just listened to Sofia,

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is that there are no requirements
to register a trademark.

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But to return to what
might be the difference.

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When you go to a restaurant, you usually see
a logo on the sign outside the restaurant.

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But then when you pay, you see
a completely different name on the receipt.

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That is the company name that's registered
with the Companies Registration Office.

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While the logo is a brand
specifically for the restaurant.

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– Sofia mentioned that if you have a
limited company, the name is protected nationwide.

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– Why would I then need
a trademark protection on top of that?

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– It might be that you're
still in the planning phase.

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So, you haven't started any business yet.

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Then it's possible to trademark
your name with us.

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It could also be that you are several
people want to use the same trademark,

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or that you have a company.

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Sofia also mentioned that
sole proprietorships, partnerships,

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and limited partnerships only receive protection
in the county where the company is registered.

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But with a trademark,
it receives protection nationwide.

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– Can anything be a trademark?

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– No, not anything.

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But there are many
different types of trademarks.

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The most common are word marks.

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That is a trademark that consists
of just one word, like IKEA.

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It could be a symbol or
combining a name with a symbol.

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For example, Spotify that has
its unique logo.

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Then there are also some types of
trademarks thar are not that usual.

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Most people probably recognize the ice cream truck's
light sequence, registered as a trademark.

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There are many more types of trademarks,
you can fins more about that on PRV's website.

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– Say I have a
store and sell my own products.

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Can I then create a logo that
I protect as a trademark

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and use it on all the products
I sell in my store?

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– Unfortunately not.

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Just as the Companies Registration Office
mentioned earlier, we need to know exactly

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for which products or services
your trademark will be used.

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It's specifically for those products or
services that you get protection.

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– Then it's similar rules
as with company names.

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But can I add more products
under the same trademark

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if I develop or get new products?

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– Yes, absolutely.

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You can have many different products
or services when you submit your application.

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It could be, for example,
bicycles, clothes, and cutlery.

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Several different products that have no
connection to each other.

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– Sofia mentioned that the Companies Registration Office
requires that company names cannot just be descriptive.

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Is it the same requirement
when it comes to trademarks?

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– Yes, it actually is.

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If we take the example of
a Bikecycle workshop,

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and you're going to repair bikes.

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So it's just directly descriptive
of what you're going to do.

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So you cannot get exclusive rights to that.

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Everyone must be able to market themselves
with a descriptive word.

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But you could add
your first name, Åsa.

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So that the trademark becomes
Åsa's Bike workshop.

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Then the trademark becomes
unique with the first name Åsa.

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– How does it work then if one wants
to register a last name as a trademark?

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Is it possible?

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– Yes, there's a bit of a difference
compared to the Companies Registration Office.

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It's possible to register just
a first name or just a last name.

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17:00.920 --> 17:05.600
Eriksson is a well-known company
in the telecom industry.

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17:06.920 --> 17:07.920
– Exactly.

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17:07.920 --> 17:10.920
But how does PRV examine trademarks
before they're approved?

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– We examine against all trademarks
that are applied for or registered.

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We also check that there's no
company name registered

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with the Companies Registration Office
that's too similar.

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But also that it's not associated
with similar products or services.

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– Sofia mentioned that you can submit
additional proposals for your company name.

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Can you do the same regarding trademarks?

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17:37.560 --> 17:40.600
I mean have more proposals for
trademarks in the same application?

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17:41.480 --> 17:44.520
– No, that's not allowed
according to the trademark law.

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It's one name or one logo per application.

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If you want several different
names or different logos

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then it's one application per trademark
and a fee for each application.

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Similarly, if your application is
rejected and you want to reapply.

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Then you have to make a new
application and pay a new fee.

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So it's really important to contact us
before submitting anything.

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18:14.480 --> 18:17.760
Is it possible to search for registered
trademarks somewhere?

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18:18.320 --> 18:19.440
– Yes, absolutely.

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On our website, we have many different
databases specifically for trademarks.

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They're completely free to use.

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You mentioned that trademark registration
applies nationwide.

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Do I have trademark protection forever?

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18:34.680 --> 18:36.400
– No, you don't.

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18:36.560 --> 18:39.200
Here we differ a bit from
the Companies Registration Office.

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A trademark registration lasts for 10 years.

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After 10 years, you must renew it
for another ten-year period.

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So it lives in ten-year intervals and
can therefore exist for as long

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as you renew your trademark.

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18:57.640 --> 19:00.560
– This protecting a trademark
sounds quite significant.

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What does it cost?

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– It's actually cheaper than many think.

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19:05.160 --> 19:10.800
It's difficult to say off
the top of my head what the fee would be.

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19:11.400 --> 19:17.040
But I think you would land
somewhere under 4,000 SEK at least.

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19:17.280 --> 19:20.520
It's a well worth investment
since you get good protection.

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19:21.440 --> 19:24.040
– Now we've talked about
protecting your trademark in Sweden.

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19:24.040 --> 19:27.600
But if I want to do business abroad,
how can I protect my trademark then?

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19:28.960 --> 19:30.760
– Yes, there are different options.

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19:30.960 --> 19:38.480
But to begin with, there's no application
that protects in all countries worldwide.

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19:39.960 --> 19:42.960
– Can you give an example?

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19:43.080 --> 19:49.240
–For example, you could turn to
an authority in Spain called EUIPO.

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19:50.120 --> 19:55.240
There, with one application, you can protect
your trademark to cover the entire EU.

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19:55.800 --> 19:59.640
What's great about this application
is that you can do it in Swedish.

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20:00.360 --> 20:01.560
– Sounds great.

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20:01.560 --> 20:05.760
But if I want to do business with Norway,
which is not part of the EU, what do I do?

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20:06.320 --> 20:11.160
– There you could, for example, turn
directly to the Norwegian Patent Office.

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20:11.600 --> 20:16.800
Or you could use
an organization called WIPO.

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It's an authority in Switzerland.

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20:19.880 --> 20:24.640
There, you can protect your trademark
in over a hundred countries.

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20:24.960 --> 20:30.440
But before you start considering international
protection read more about it on our website.

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– Thank you, Malin!

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20:32.600 --> 20:38.360
Now we understand what a trademark
is and what applies to trademark protection.

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20:39.520 --> 20:43.200
Part 4: Immaterial rights

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– Something I would like to know more about is
how company names and trademarks can become an asset.

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20:49.760 --> 20:52.840
I've heard of something
called immaterial rights.

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20:53.120 --> 20:55.520
Can't you explain to me what it is?

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20:55.680 --> 20:59.320
– An immaterial rights is
an asset that you cannot touch.

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20:59.480 --> 21:02.640
It's not physical,
but it has an economic value.

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21:04.040 --> 21:06.360
– What can immaterial rights be?

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21:06.360 --> 21:08.000
Can you give an example?

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21:08.160 --> 21:14.200
–It can be a company name, a trademark,
ideas, knowledge, or a trade secret.

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21:14.640 --> 21:18.520
Something that can have
economic value for the company.

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21:18.720 --> 21:25.440
– Can a domain name or a web address
be considered immaterial right?

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21:25.920 --> 21:27.720
– Yes.

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21:27.720 --> 21:31.840
Domain names or web addresses
are often valuable assets for companies.

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21:32.360 --> 21:38.600
Because they represent
the company's and brand's digital identity.

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21:39.520 --> 21:45.800
A domain name that is easy to recognize
and remember strengthens the identity.

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21:45.960 --> 21:51.240
Making it easier for customers to find and
remember the company and website.

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21:52.320 --> 21:55.200
– Malin, Sofia mentioned earlier
this thing about trade secrets.

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21:55.200 --> 21:58.200
Can you give an example
of what that could be?

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21:59.160 --> 22:00.040
– Absolutely.

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It could, for example, be
a secret recipe.

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22:05.040 --> 22:09.760
If we take a company in the beverage industry.

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22:09.760 --> 22:14.280
We know that there are
famous drinks with secret recipes.

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22:14.760 --> 22:19.320
Then only a few people within the company
know about this secret recipe.

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22:19.680 --> 22:21.680
That is a trade secret.

340
22:21.960 --> 22:23.440
– Okey, one doesn't think about that.

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22:23.600 --> 22:25.200
Do you have more examples?

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22:25.440 --> 22:26.920
– Yes I do.

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22:27.320 --> 22:29.000
We talked about a trade secret.

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22:29.000 --> 22:32.280
But it can also be
a unique business model.

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22:33.320 --> 22:37.520
We have an example of a company
in the taxi industry

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22:37.520 --> 22:40.760
that has introduced a unique business model.

347
22:41.880 --> 22:42.960
– That sounds exciting.

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22:42.960 --> 22:44.240
Could you elaborate on that a bit more?

349
22:42.960 --> 22:44.240
Can you elaborate on that a bit more?

350
22:44.240 --> 22:47.240
I would like to know a bit more
about this business model.

351
22:47.640 --> 22:53.400
– Yes, their business model is instead
of owning and operating their own vehicles,

352
22:53.400 --> 22:59.560
their operations work as an intermediary
between drivers and passengers

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22:59.600 --> 23:01.480
through a mobile app.

354
23:01.880 --> 23:08.440
So, they provide a platform where
individuals can use their own cars

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23:08.440 --> 23:12.240
to give rides to other
individuals for payment.

356
23:13.000 --> 23:15.840
– If we briefly summarize this
with immaterial rights.

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23:15.840 --> 23:18.120
We've established that it's
something non-physical.

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23:18.120 --> 23:22.400
You can't touch it, but it
creates value for the company.

359
23:23.280 --> 23:28.040
Do you have any final thoughts before
we start wrapping up the webinar?

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23:28.560 --> 23:31.600
– Yes, one thing that might
be good to mention is

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23:31.600 --> 23:35.600
if you're having trouble getting your name
proposal approved, contact your case officer.

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23:36.000 --> 23:40.560
Then you can get exactly explained
what's wrong or what's an obstacle.

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23:40.920 --> 23:43.920
You can also get some tips on what
you can add or remove to

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23:43.920 --> 23:47.520
get your name proposal registered.

365
23:48.200 --> 23:49.680
– Malin, do you have any final thoughts?

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23:50.000 --> 23:51.000
– Yes, I do.

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23:51.280 --> 23:56.120
Remember to contact us at PRV before
you submit your trademark protection application.

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23:56.640 --> 23:59.600
You can't change it afterwards.

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24:00.680 --> 24:05.680
Also, about intellectual assets,
we have that on PRV's website too.

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24:05.920 --> 24:08.800
There's a tool called
"Genomlysningen".

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24:08.800 --> 24:16.080
Where you simply answer questions and find out
if your company has intellectual assets.

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24:17.320 --> 24:19.320
– A big thank you, Sofia, for being with us!

373
24:19.320 --> 24:21.120
A big thank you, Malin, for being with us!

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24:21.120 --> 24:21.360
– Thank you!

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24:21.360 --> 24:24.720
– Now it's time to wrap up
this webinar.

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24:24.720 --> 24:27.960
We've talked about the difference
between company names and trademarks.

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24:28.680 --> 24:32.880
We have a better understanding of what to consider
when choosing company names and registering.

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24:32.880 --> 24:37.960
We also know why one
should protect their trademark.

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24:38.560 --> 24:42.160
I hope you, like me,
have gained a much greater understanding

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24:42.160 --> 24:44.720
of what intellectual assets
are all about.

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24:45.160 --> 24:49.800
If you want to learn more about all this,
visit the website verksamt.se.

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24:49.960 --> 24:51.640
There's plenty to read there.

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24:51.920 --> 24:57.160
You can also, of course, visit
prv.se or bolagsverket.se.

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24:57.600 --> 25:01.200
Good luck with your business and
thank you for listening to us today!

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25:04.040 --> 25:07.880
Verksamt.se for companies from authorities.