Trademarks Law in Sweden
Here’s an overview of Trademark Law in Sweden:
🇸🇪 Trademark Law in Sweden
Trademark protection in Sweden is governed by:
The Swedish Trademarks Act (Varumärkeslagen 2010:1877), which implements EU directives.
The Swedish Patent and Registration Office (PRV) is the national authority.
Sweden is a member of the European Union, so EU Trademark (EUTM) law applies.
Sweden is also a party to international agreements like the Paris Convention, Madrid Protocol, and TRIPS Agreement.
Key Features:
1. Definition of a Trademark
A trademark can be any sign capable of distinguishing goods or services.
Includes words, logos, shapes, colors, sounds, and other distinctive elements.
2. Registration Process
Applications can be filed with the Swedish Patent and Registration Office (PRV) for national protection.
Alternatively, one can apply for an EU Trademark (EUTM) through the European Union Intellectual Property Office (EUIPO), covering Sweden and other EU states.
Applications specify the goods/services classes under the Nice Classification.
Examination includes formalities and substantive distinctiveness check.
The mark is published for opposition for 3 months.
Registration lasts 10 years from filing and can be renewed indefinitely.
3. Rights Conferred
Exclusive right to use the trademark for registered goods/services.
Right to prevent unauthorized use or infringement.
Ability to license or assign the trademark.
4. Grounds for Refusal
Lack of distinctiveness.
Descriptive or generic terms.
Marks misleading the public or contrary to public policy.
Conflicts with earlier trademarks.
5. Infringement and Enforcement
Trademark infringement covers unauthorized use causing confusion or dilution.
Remedies include injunctions, damages, and destruction of infringing goods.
Criminal penalties exist for counterfeiting.
Enforcement actions can be taken in Swedish courts.
6. International Treaties
Sweden adheres to:
Paris Convention
Madrid Protocol
TRIPS Agreement
Additional Notes:
Many businesses register both a national Swedish trademark and an EU trademark depending on their market scope.
The PRV provides online application and management tools.
Sweden has well-established case law on trademark issues.
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