Because Sweden is a “first to file” nation, trademark registration is required to get rights to a trademark. Unregistered trademarks can only be protected in exceptional circumstances.
In order to secure trademark protection in Sweden, one can register with the Swedish Patent and Registration Office or file a European Union Trademarks (EUTM) application, which provides protection throughout the European Union.
Sweden is a member of the Madrid Protocol as well. As a result, this country can use the Madrid System to extend an international trademark registration.
Filing requirements of a trademark registration application in Sweden
In Sweden, trademark applications must be filed in Swedish.
In order to acquire the date of submitting a trademark application in Sweden, the following information must be included:
– representation of the trademark;
– applicant’s details;
– a list of goods and services for which the trademark is registered.
The original or a certified copy of the Priority Document must be provided within one month of filing a trademark application in Sweden to confirm the right of priority. A certified Swedish translation is required.
The Power of Attorney can be submitted later, within one month of the Swedish trademark application being filed. The Power of Attorney does not need to be notarized or legalized. Emailing a signed and scanned Power of Attorney is acceptable.
Examination, publication, and opposition period
In Sweden, trademark applications are scrutinized to ensure that they meet the legal and substantive criteria for registration. During the substantive examination, the Office examines the trademark’s distinctiveness as well as its similarities to previously registered trademarks. After the examination period, the Swedish Trademark Gazette will publish registered trademarks for the opposition. Oppositions must be submitted within three months of the date of publication.
Trademark registration in Sweden is valid for ten years from the date of filing.
Renewal fees for trademark applications filed after January 1, 2019, must be paid within 6 months of the expiration date. The registration of a trademark may be renewed an unlimited number of times for ten-year periods.
How long registration procedure will take place?
In Sweden, it takes about 3-6 months from the time a trademark is filed to the time it is registered.
Use requirement
In Sweden, trademark registrations can be revoked if the trademark is not utilized within five years after registration.
Representation by a trademark attorney in Sweden
It is advised that international applicants who do not reside in Sweden or do not have a home or business in Sweden employ an agent, a professional Swedish trademark attorney.
Please find the list of Sweden IP Firms here