inarbetning

11:48 Sep 6, 2016
Swedish to English translations [PRO]
Law/Patents - Law: Patents, Trademarks, Copyright
Swedish term or phrase: inarbetning
Antigen genom att du ansöker om registrering eller att du får skydd genom användning, så kallad inarbetning.

Struggling with 'inarbetning' - understand it is a term used for when a trademark has already become widely known in the target audience. Any suggestions would be much appreciated.
Simon Klys
Germany
Local time: 02:46


Summary of answers provided
4establishing
George Hopkins
4established/existing use
Tariq Khader (X)
3acquiring distinctiveness
Helen Johnson
Summary of reference entries provided
Some possibly useful links
Alison MacG

  

Answers


37 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
establishing


Explanation:
Or bedding-in.

George Hopkins
Local time: 02:46
Native speaker of: Native in EnglishEnglish
PRO pts in category: 18
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49 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
established/existing use


Explanation:
Documented use would also work

Tariq Khader (X)
United Kingdom
Local time: 01:46
Native speaker of: Native in EnglishEnglish
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3 days 23 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
acquiring distinctiveness


Explanation:
Or similar wording. It appears that a trade mark can be achieved if it has "acquired distinctiveness" through use.
https://en.wikipedia.org/wiki/United_Kingdom_trade_mark_law

Helen Johnson
United Kingdom
Local time: 01:46
Native speaker of: Native in EnglishEnglish

Peer comments on this answer (and responses from the answerer)
neutral  Yngve Roennike: acquire by use, more likely..
12 days
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Reference comments


4 hrs
Reference: Some possibly useful links

Reference information:
See references in these Swedish and English texts to inarbetning, established by usage, establishment by usage, establishment by use, established use, etc.:
Ensamrätt till ett varumärke kan uppnås genom registrering eller genom inarbetning.
An exclusive right to a trademark can be acquired by registration or establishment by usage.
http://www.riksdagen.se/sv/dokument-lagar/dokument/statens-o...

See also:
Proposal for a New Swedish Trademark Act
However, the binding provisions of the directive apply only to registered trademarks and not to trademarks that are protected because the holder has used them in such a way that they are established on the market by usage. The committee considers that trademarks established by usage should enjoy the same protection as registered trademarks. In the draft act trademarks established by usage have the same status as registered trademarks as far as possible.
http://www.internationallawoffice.com/Newsletters/Intellectu...

And finally:
Degeneration of Trade Marks: A Comparative Study of the Effects of Use on Trade Mark Distinctiveness
The opposite of degeneration is the process whereby a trade mark becomes more firmly established on the market, i.e. becomes increasingly known as a designation individualizing goods or a specific product from a certain business, acquires secondary (distinctive) meaning. The German expression is Verkehrsgeltung or Durchsetzung im Verkehr and the corresponding verb is (sich) durchsetzen. The equivalent Swedish noun is inarbetning (literally, approximately, "working up") and the verb is inarbeta. Equivalent expressions are used in the other Nordic countries. The Nordic noun denotes both the activity of using the trade mark in such a way as to establish it on the market and the result of that activity, i.e. acquired distinctiveness. There is a difficulty of a linguistic kind which is due to the fact that the terminology in English is less equivocal than its equivalents in the Nordic languages. The Swedish noun inarbetning is rather blurred to most people. When used in trade mark jurisprudence it is a terminus technicus, a term of art, of a clear and sharply defined denotation, but to the general public the word may imply any wide knowledge of a fact, a word, or a symbol, irrespective of its distinctiveness. As will be shown chiefly in Chapter 3 infra, the result of the use making the trade mark well-known is very often mixed up with the result of degenerative use of the mark. These two kinds of use and their results are however entirely different.
https://books.google.co.uk/books?id=1gQTAQAAIAAJ&q="Verkehrs...

Alison MacG
United Kingdom
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 8
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