To secure all her rights, Anna should apply for protection in the correct order. This can be crucial for whether she is granted a patent and design protection, and for whether she retains the rights to the name she has chosen.
1. Patent protection – protects the technology behind the helmet (priority)
It is recommended that Anna start with the patent application. Patent protection requires that the invention has not been discussed, shown or used publicly before the application date. Not just in Norway, but throughout the world!
Important:
If Anna had first applied for design protection (with images of the helmet), this would have been considered a public disclosure that could jeopardize her ability to obtain a patent.
Recommendation:
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Anna should file the patent application first, before she makes the helmet public or seeks other types of protection. Once the patent application is filed, she can proceed with design and trademark registration.
2. Design protection – protects the appearance of the helmet
After submitting the patent application, Anna can apply for design protection. Design protection protects the helmet's unique appearance, which can be important in distinguishing the product from competitors' helmets.
Advantage:
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Once the patent application is submitted, Anna can publish the helmet's design without risking damaging the patent application.
Note:
If the patent application is incomplete or has issues that cannot be fixed within the original content, making the design public could cause problems. It may then be difficult to withdraw the patent application and file a new one without losing the novelty.
Making the design public before a design application is filed can also prevent design protection in countries with an absolute novelty requirement.
3. The name "Galea" – when should she register it?
Anna wants to use the name "Galea" as a product name, brand name, company name, and domain name. But does she have to wait to register this until after the patent application? Not necessarily.
Name search.no
To find out if she can use the name without violating the rights of others, she should start with a simple and smart move:
She goes to navnesok.no and enters the name she is considering. Here she finds out:
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Whether the domain is available (e.g. galea.no)
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Whether the company name can be registered in the Brønnøysund Registers
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Whether someone has already registered the name as a trademark in Norway
This provides a quick overview of whether the name is available and whether it is worth moving forward with it.
Domain name
Domain names are awarded on a first-come, first-served basis . If it's available and relevant, Anna should register it right away with a domain registrar . It's cheap and fast, and it prevents someone else from taking it while she considers the other applications.
Anna can safely register galea.no or galea.com, as long as the website does not contain images or descriptions that reveal the technology. Owning the domain itself is not considered disclosure.
Trademark
Before Anna registers her company name, she should check whether she can get the name registered as a trademark. This is because a trademark registration provides broader and stronger protection than a company name. Anna may also risk having to change her company name if someone believes that the name infringes on an existing trademark right.
Anna can also apply for trademark protection for the name "Galea" , and possibly a logo, before or at the same time as the patent application . Trademark registration is about the name and the characteristics, not the invention itself.
Company name
Although it may seem logical to start with the company name, we recommend that Anna wait until she has checked and possibly secured the trademark rights. This reduces her risk of coming into conflict with others’ rights. The company name does not always have to be the same as the trademark, so she also has more freedom of action here. The registration of the company name (at the Brønnøysund Registers ) can also take place before the patent application.
Prioritize the most important things first – and create a strategy
The most important thing is to secure the technology before it becomes public. That’s why Anna should file the patent application first, before applying for design protection or showcasing the product.
Once Anna has decided on a name, she should quickly check and register the domain name, company name, and trademark. This way, she can use the name safely and build her brand.
Remember!
The right order isn’t only about legal protection. It’s about having a strategy that sets you up for commercial success. Protect what makes your product unique, and make sure you can profit from it.
