SWEDEN

• Kinds of Trademarks registrable in SWEDEN

  • Following are the kind of marks that are registrable with the PRV

    1. Names, Surnames, First names
    2. One word or a group of words as marks
    3. Figure marks
    4. Combination of word and figure marks
    5. Shape of goods or their packaging
    6. Slogans
    7. Sound marks
    8. Other marks that can be represented graphicallyCombination of all of the above.

    Types of Marks registrable:

    • Collective marks
    • Certification marks
    • Marks for non-commercial purposes
    • Service marks
    • Well Known marks
• Requisites for a Trademark to be registrable in SWEDEN

  • Trademarks must contain the following essential requirements to be registrable in Sweden:

    1. Distinctiveness
    2. Non-descriptiveness of the goods and / or services
    3. Not be a well known term in the line of business, trade channels of the applicant
    4. Not be same / similar / identical either visually and/or phonetically  to prior registered marks pending registration.
• Kinds of Trademarks not registrable in SWEDEN

  • Applicants should bear in mind that the following will not be registrable as Trademarks in Sweden:

    1. Trademarks consisting exclusively of signs or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, value or geographical origin of the goods or services.
    2. Trademarks that indicate time of production of the goods or of rendering the services or other characteristics of the goods or services.
    3. Trademarks consisting exclusively of signs or indications customary to current language or in the established practices of the trade to designate the goods or services.
    4. Trademarks or signs contrary to law, public order, morality.
    5. Marks liable to deceive the public as to the nature, quality, geographic indication of goods or services.
    6. Trademarks containing or being similar to signs, seals, emblems, flags, maps and / or official insignia of national and international organisations and associations.
    7. Trademarks containing or bearing resemblance to another person or personal name or company name, logo, legal title, portrait, picture, protected copyright, photograph
    8. Proposed Trademarks being identical or similar to an earlier registered mark including well known marks
    9. Trademarks having a likelihood of confusion including a likelihood of association with an earlier registered trademark.
    10.  Trademarks filed in bad faith.

    TrademarkCopia through its associate Law Firms and Lawyers in Sweden is at hand to help you with trademark registration and prosecution.

• Trademark Search in SWEDEN

  • 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.

    A search is useful in determining the following:

    1. Conflict with existing trademarks.
    2. Confirm validity of the proposed trademark.
    3. Evaluate the filing of the application and assess the risk of nullity and 3rd party claims.
    4. Strategise on the kind of mark to file regarding the denominations such as figurative, coloured, black & white etc.
    5. Search is a useful tool prior to filing of applications since search concerning prior pending marks carried out by the Swedish Trademark Office.

    Our Attorneys are at hand to assist you with searches and provide opinions about registrarbility of the proposed / coined trademark in Sweden.

• Trademark Filing in SWEDEN

  • Filing is done with the Trademark office of Sweden.

    Applicant has to furnish the following documentation for filing:

    1. Name of the applicant
    2. Logo (if any) in B/W or Colour
    3. Address along with nationality of the Applicant
    4. Classes in which Registration is sought.
    5. Power of Attorney (POA)
    6. Details regarding Goods and Services for which registration sought
       (Goods and Services classified as per NICE classification)
       (Vienna Agreement for figurative mark)

    TRADEMARKCOPIA.COM Attorneys will assist you with:

    • Filings
    • Infringement & Opposition Actions
    • Renewals
    • License and Assignment procedures
    • Trademark Watch Services
• Trademark Examination in SWEDEN

  • 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.
    2. Registrability of the mark.
    3. Existence of prior registered marks that could possibly conflict the proposed mark, especially as regards company names and family names.
    4. Classification of goods.
    5. Compliance with all the statutory requirements.

    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.

• Trademark Publication & Opposition in SWEDEN

  • 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.

• Trademark Registration in SWEDEN

  • Once the IP office decides on the registrability of the trademark application and there are no other legal issues involved, the application is deemed to have been accepted and the registration of the trademark along with its details published. Certificate of registration is issued to the applicant

    Rights of Trademark Owners:Trademarks may be:

    • Exclusively used by the owners of the registered trademarks.
    • Transferred in whole or in part- Inherited
    • Assigned and licensed.
    • Mortgaged and creditors may seize such trademarks belonging to their debtors.
    • Licensed to natural or legal persons
    •  Prevented from unauthorized usage by third parties
    • The subject of appropriate redressal from a court of law upon infringement Usage of Trademarks
• Trademark Usage in SWEDEN

  • 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.

• Trademark Cost of Registration in SWEDEN

  • Please write mail for the cost of registration of trademark in Sweden or European Union to the mail address given below:

    contact@trademarkcopia.com