English
The average time frame for the registration approval is 5 months, if no objections or oppositions arise.
No. Sweden is the territorial limit.
A power of attorney is not a requirement unless the applicant wants to change attorney or needs to respond to an official request.
There are minimal benefits from pre-filing use of a mark. The applicant may show the distinctiveness of the mark and overcome oppositions on the ground of non-distinctiveness.
Yes. Your registered mark will be cancelled if it is not in use.
Marks that can be represented graphically and can show the difference of a product or service from its counterparts are registrable:
- Words
- Holograms
- Names
- Trade dress
- Devices
- Smell
- Shapes (3-dimensional)
- Sounds
- Colours
- Slogans
There are 3 phases of trademark application in Sweden:
- Examination – Formality, clarity, distinctiveness, descriptiveness, classification, deceptiveness and potential conflicts will be examined by the trademark authorities. Compliance during this phase is extremely necessary in order to avoid refusals which will make the procedures complicated and lengthy.
- Registration – A registration of the mark will be granted and will be published so that third parties will have the chance to oppose.
- Publication – The details of the mark will be published such as the mark, name, address, date, application number, goods/service, priority claim and representation.
The following marks are banned from registration:
- Marks that go against standards of morality and /or public policy
- Terms or words that have a general meaning
- Marks that contain unauthorized names, symbols or flags of regions, states, nations and international organizations
- Marks that lack acquired distinctiveness
Yes. This jurisdiction uses the Nice Classification system.
Yes. Community Trademark registration is effective in Sweden. Note that Community Trademark is now called European Union Trade Mark.
Yes. It is possible to claim the filing date in your home country as the filing date in Sweden if the following pre-requisites are met:
- The filing date in your home country occurred within the past 6 months prior to the date of application in Sweden
- Your home country is a signatory of the Paris Convention
- Your home country is a member of the WTO (World Trade Organization)
- The international registration can be based in Sweden
You have to use the mark within 5 years from the date it was registered. You must use it in Sweden and must be for business purposes.
Registered marks in Sweden are initially valid for 10 years.
The first renewal will take place 10 years from the date the registration was granted.
Yes. Using an unregistered mark for selling of goods or service is legal in this jurisdiction.
Yes. Registration of trademark is mandatory in order to obtain rights (first-to-file rule). Rights are also established through extensive and long-term use of the mark.
The web address is accessible at http://www.prv.se/
No. Actual use of the mark is not mandatory for registration.
The following are grounds for opposition:
- Breach of copyright
- Mark is against public order and moral standards
- Proprietary rights
- Mark is descriptive, functional, generic, misleading, disparaging, deceptive or non-distinctive
- Mark violated rights of a well-known mark
- Mark used a specially protected flag, emblem or armorial bearing without authorization
- Mark was registered under the agent’s name or representative of the owner of the mark
- Mark violated rights of a registered design, personal name, company name, or trade names
Anyone may challenge the registration.
Yes. A registered mark can be cancelled on the grounds of:
- Mark contradicts principles of moral and public policy
- Mark contains geographical indication
- Proprietary rights
- Breach of copyright
- Mark is functional, descriptive, misleading/disparaging/deceptive, and/or generic
- Mark is against rights of famous and notorious marks
- Mark uses protected flags, emblems and armorial bearings without permission from respected authorities
- Mark is against rights of registered designs, trade names or personal names
- Mark was registered in the name of the proprietor’s representative or agent
Yes. When you register your trademark, you secure the following rights:
- Right to appeal for the cancellation of conflicting applications filed at a later date
- Right to appeal for the confiscation of counterfeit imported goods
The opposition period will start on the date the registration was granted and will end three months after that date.
Yes. Sweden is a member of the Madrid Protocol.
No. Such statements are not necessary.
You must renew your trademark every 10 years.
The first renewal will take place 10 years from the date the registration was granted.
Documentation is not needed for renewals.
You still have 6 months to renew your mark after its expiration date.