Trademark application Sweden

Trademark registration Sweden

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We have researched availability for more than 150,000 brands and verified that they met all requirements to trademark them.

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Every year we register more than 1500 trademarks in all countries in the world, with objections being lodged in less than 1 percent.

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What are the costs of a trademark registration in Sweden?

The costs of trademark registration in Sweden depend on the number of Nice classes that are relevant to the trademark. Most marks need 1 to 3 classes, but it is possible to get  protection in all of classes 1 through 45 of the Nice classification.


How do you get a trademark registration in Sweden?

In Sweden it is mandatory to register your brand name, as there is a first-to-file jurisdiction for trademarks. Only in exceptional cases can an unregistered trademark be protected. To be able to register a trademark in Sweden, you submit your application to the PRV, the Swedish Patent Office. Incidentally, you can also register a trademark in Sweden via the European or international route. The country is a member of the European Union and a signatory to the Madrid Protocol.


The role of the trademark agent

If you are a foreign entrepreneur and you want to apply for a trademark in Sweden, it is not mandatory, but it is advisable to have this process run through a trademark agent. Only when you want to change a registered trademark or make changes to the list of goods and services, you must provide a signed power of attorney for this. Incidentally, it is not necessary to actively use a product or service before registering the brand name in Sweden. However, this can help prevent a rejection on the basis of defective distinctiveness.


Filing a multi-element trademark in Sweden

If you want to have a trademark protected and it consists of both a word element and a figurative element, we speak of a combined element. Before filing this trademark in Sweden, it is important to remember that the exclusive right you hope to acquire only applies to this exact combination. If you also want to be able to use and protect one or both elements separately, a separate application is required.

Have you not submitted such an application and has a third party come forward using one of your brand elements? In most cases you cannot take legal action against this. There is only one exception to this. You can only object if this person or company offers the same goods or services as you, or things that are very similar to them. You do this on the basis of a confusing similarity for the consumer. The success of such an objection is highly situation-dependent.


What are the steps in the process to register a trademark in Sweden?

If you want to apply for trademark protection in Sweden, you must submit your application to the Swedish Patent Office. This may be on paper or electronically. Incidentally, in Sweden it is allowed to place products and services under multiple classes. This means that you only pay extra costs, but do not have to submit separate applications. After receiving your papers, the trademark specialists will assess your trademark on both formal and substantive factors. During the substantive investigation, among other things, the existence of identical trademarks is checked.


The opposition period

Before you can officially register a trademark in Sweden, third parties must be given the opportunity to object. To publicize your application, the patent office publishes it in the official trade bulletin. The opposition period has a term of three months. If a notice of objection is submitted, you as an entrepreneur will be given the opportunity to defend yourself against it. An objection should be filed if it is believed that registering your trademark constitutes infringement of an already existing trademark.

Due to new developments in Swedish law, it is now possible to demand proof of use from the opposition party. The patent office then assesses whether the opposition party is in favor or whether the objection is rejected. The opposition period can last up to two years, depending on the evidence provided by both parties. However, this usually takes no longer than three months. If there is no opposition at all, you can count on a time frame of three to six months to register a trademark in Sweden.


The trademark search

One of the main reasons for rejection by the Swedish Patent Office is the existence of identical trademarks. To prevent this, you can use the existing databases yourself. This database search is also called the trademark search. You can consult the Swedish, European and international databases. Although the non-existence of identical trademarks is not a guarantee of approval, you avoid a great risk.


Validity period and regulations regarding renewal

Have you been able to successfully apply for trademark protection in Sweden? Then you are then entitled to ten years of trademark protection, starting on the registration date. Trademark protection can be of unlimited duration, provided you apply for renewal on time. You do this from twelve months before the end of the current registration period. There is also a grace period of six months. Extension can still take place during this period, but subject to payment of higher costs. Just like the initial trademark protection, renewal periods also have a duration of ten years.

On January 1, 2019, the trademark renewal rules have changed slightly. If you submitted your application before that date, the costs for extension must be paid within six months before the end date. For registrations from January 1, 2019, the costs for granting can be paid no earlier than six months before the end date.


Using your brand in the Swedish market

If you wish to register a trademark in Sweden, it is not necessary to have it actually in use on the Swedish market at the time of application. You do not have to actively use it immediately after registration. However, if your trademark remains unused for five years after the registration date, there is a risk of cancellation due to non-use. To avoid this, your brand should be used on a commercial scale.


EUTM registration and international registration

To be able to apply for your trademark in Sweden, you are not only limited to the Swedish Patent Office. Applications can also be submitted at European or international level. If you apply for EUTM trademark protection, the protection applies to all countries of the European Union, including Sweden. For international registration via the Madrid System, please contact the WIPO headquarters in Geneva. For both routes, you must first have a basic registration.

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