COUNTRY : KINGDOM OF SWEDEN
CAPITAL : STOCKHOLM
LANGUAGE : SWEDISH
MEMBER : PARIS CONVENTION, WTO-TRIPS, EUROPEAN UNION COMMUNITY TRADEMARKS, MADRID PROTOCOL, BERNE CONVENTION, PCT
The Swedish Patent & Registration Office is also known as the ‘PRV’
1. National Registration - Direct Filing with National Trademark Office
Please refer our Treaties section on International protection under Madrid System and Community Trademark Registration.
Therefore, to obtain protection in Sweden, there are three options from which the applicant can choose.
Following are the kind of marks that are registrable with the PRV
• Names, Surnames, First names
• One word or a group of words as marks
• Figure marks
• Combination of word and figure marks
• Shape of goods or their packaging
• Sound marks
• Other marks that can be represented graphically
Applicants should bear in mind that the following will not be registrable as Trademarks in Sweden:
Before filing a trademark, it is highly recommended to conduct a search to establish registrability of the proposed mark
Information regarding a pending and valid registration can be obtained through trademark databases.
Our Attorneys are at hand to assist you with searches and provide opinions about registrarbility of the proposed / coined trademark in Sweden.
Applicant has to furnish the following documentation for filing:
• Infringement & Opposition Actions
• License and Assignment procedures
• Trademark Watch Services
Once the applications are received by the PRV, they are examined to affirm :
1. Formality of documents, pertaining to:
· The kind of mark as to whether it is a word, symbol or both.
· A sound mark as in a tune.
In the event any deficiencies to registration are found, the same are communicated to the applicant to which applicant has to respond within a stipulated time period.
If the applicant does not respond within the stipulated time limit, the application is dismissed.
If the trademark application does not encounter any opposition, it proceeds to the next step.
Once the trademark is examined, it is published in the IP journl, to which interested third parties may lodge their opposition.
The applicant is notified of the opposition and is called upon to address the opposition.
A trademark registration can be revoked totally or partially on account of an opposition.
TrademarkCopia through its experienced Trademark Lawyers and Trademark Attorneys in Sweden can comprehensively assist you with trademark opposition and prosecution.
Usage of Trademarks:
Pre – Registration: Usage of the mark before filing a trademark application is advantageous because, marks that are not sufficiently distinctive enough to be registrable can acquire the necessary distinctiveness through use.
With certain exceptions, the use must be in Sweden.
If the mark is recognised in the relevant trade, the prior user may oppose or apply for cancellation of subsequent registrations of the same or similar marks for the same or similar products / services.
Post – Registration: If the mark is not used within 5 yrs. from the date of registration, it is liable to become vulnerable for cancellation owing to non-use.
However, usage after 5 yrs. may cure non-use if there has not been any action for cancellation in the interim by third parties.