Sweden (SE)
Latest News: 05-02-2013 (Newsletter Issue 6/13)
New Feature in Trademark Renewal
The Swedish Patent and Registration office (PRV) has announced that it is now possible to pay for the online trademark renewal application through a deposit account.
Trademark owners can search for their trademark in the Swedish Trademark Renewal Service and find out when their trademark renewal is due. When using the online renewal service the fees are paid electronically.
Source: www.prv.se
01-18-2013 (Newsletter Issue 1/13)New Formalities PracticeThe Swedish Patent and Registration office (PRV) has started to apply a new practice concerning the examination of formalities in matters related to trademark- and industrial design cases as of October 1, 2012. In most cases signatures in original hand-writing will no longer be required. Furthermore, authorization of signatures will only be examined in doubt of their veracity. PRV will normally accept replies to office actions filed by electronic means and should be sent to kundtjanst@prv.se.
There will be a change in the demand of original signature concerning trademark- and design cases. Certified copies will be accepted but there is no demand for seals, stamps or certification by a Notary Public. A confirmation in hand writing is sufficient, together with the name in printed or block letters. Furthermore fax and e-mail of scanned documents containing a signature in original will normally be treated as certified copies.
The new practice pertains to applications, withdrawals, letters of consent, legal documents/deeds filed in support of applications for the recordal of transfers, licenses, pledges. Appeals will also be accepted for the purpose of a filing date, however, a signature in original hand-writing will be subsequently be required by PBR (the Count of Patent Appeals) before final trial of the appeal.
The requirement for submission of a document in original will remain concerning powers of attorney.
For further information, please click here
Source: www.prv.se 01-18-2013 (Newsletter Issue 1/13)
Official Fees Increased
The Swedish Patent and Registration office (PRV) has increased the official fees for trademark filings from December 1, 2012.
The official fee for registering a trademark is now SEK 2,300.00 (approx. EUR 267.-) in paper form or SEK 1,800.00 (approx. EUR 209.00) for e-filing in one class.
The official fee for each additional class is now SEK 900.00 (approx. EUR 104.00) for E-filing. The fee for each additional class stays the same in paper form with SEK 900.00.
Source: www.prv.se
12-01-2011 (Newsletter Issue 14/11)Most Creative Country in the WorldThe study by the Martin Prosperity Institute informs that Sweden is number one in the Top 25 overall Global Creativity Index rankings. The study shows that Sweden has immense talent, top-five technological progress and the tolerance to embrace them both. Each country is given a Global Creativity Index, GCI, which is based on Technology Rank, Talent Rank and Tolerance Rank. The study found that there is a great correlation between creativity and economic growth.
The Top 15 List includes;
1. Sweden, 2. USA, 3. Finland, 4. Denmark, 5. Australia, 6. New Zealand, 7. Canada, 8. Norway, 9. Singapore, 10. Netherlands, 11. Belgium, 12. Ireland, 13. United Kingdom, 14. Switzerland, 15. France
To access the study, please click here
Source: GROTH & CO KB, Sweden 12-01-2011 (Newsletter Issue 14/11)
Trademark Application Modernised
The Swedish Trademark Office introduced an updated version of the online service Swedish Trademark Application on December 01, 2011.
Following improvements have been done:
- Possibility to sign the application with e-ID.
- Extended payment options through direct payment in the bank. Large business customers receive the possibility to pay via PRV Deposit Account.
- Introduction of a "shopping cart", to pay for multiple applications simultaneously and the possibility to reuse the same classification and data from a recently completed application.
- Use of the database EuroClass for the classification of goods and services, which was developed in cooperation with the Office for Harmonization in the Internal Market (OHIM). Among other things, this means that the number of searchable goods and services has increased from about 9 000 to about 77 000.
Source: www.prv.se
10-01-2011 (Newsletter Issue 11/11)New Trademark LawOn July 2011, a new trade Mark Act came into force. It replaces the old Trademark Act and the Collective Marks Act after more than 50 years. The new law brings Swedish trademark regulation in line with the Singapore Treaty on the Law of Trademarks. The Swedish Patent and Trademark Office (PRV) has now published the most important amendments:
- If your application is dismissed, the new act introduces the possibility of having your application reinstated for processing.
- Formerly, the PRV rejected the entire application even if the hindrance to registration only existed for some of the goods or services you have applied for. Following the new Law, the PRV will reject an application only to the extent that there is a hindrance.
- If someone else submits an application for registration of a trademark that you consider to be yours, you can request the transfer of the application to you. In this case, you need to show that you have better rights to the respective mark.
- The new act contains provisions for administrative revocation. It means that instead of applying for a summons in the district cour, you can request that PRV revokes a registration.
- The opposition period changed to three months of the public notification date.
- A surname will constitute a hindrance to registration in far fewer cases than before. Therefore, anyone who has a distinctive surname must themselves monitor and make sure that no one else registers the name as a trademark to a greater extent than today. Even with regards to artist names, there can be reason for the name owner to monitor his rights to a greater extent.
- The renewal of the registration can even be made by someone other than the owner.
- The owner of a trademark registration, who is neither resident nor running a business in Sweden, must notify PRV of a service agent resident in Sweden. A Notice is regarded to have been served if it has been sent to the address for service stated in the trademark registration.
- A final decision by PRV can be appealed against to the Court of Patent Appeals within two months of the decision date. Even others than the applicant can appeal, if the decision goes against the complainant.
- Confidentiality in trademark cases can be requested by a trademark opponent or owner, if the information is related to business or operating conditions. Information about the party requesting confidentiality cannot be kept secret. Information which is relevant to the assessment of a trademark validity or scope of protection cannot be kept secret either.
For more information on the new trademark law please click here 07-01-2011 (Newsletter Issue 9/11)Opposition Period ChangedThe Swedish Patent and Trademark Office (PRV) has changed the opposition period from 2 months to 3 months effective from July 1st, 2011.
It affects the opposition period for national trademarks as well for international registrations designating Sweden (or subsequent extensions to Sweden).
Source: GROTH & CO KB, Sweden 05-05-2011 (Newsletter Issue 7/11)
New Trademark Act Soon
The Swedish Patent and Registration Office (PRV) announced that a new Trademark Act enters into force on July 1st, 2011. The Act introduces new provisions for family names, artist names and titles. Furthermore, the special protection for distinctive titles is struck.
Applicants can request a suspension of examination of their application containing a family name, artist name or title. In such case, the PRV will not examine the case until the new trademark law comes into force. This is to facilitate the processing of trademark applications which contain a family name, artist name or title. To request a suspension, the PRV needs to be contacted.
Source: www.prv.se
02-01-2011 (Newsletter Issue 2/11)Online Service for TM RenewalsThe Swedish Patent and Registration Office (PRV) has created an online service for trademarks renewals.
It is now possible to renew a registered trademark online. You can also use the service to get advice on when it is possible to apply for renewal.
For other changes of information (address, owners, representative, etc.) concerning a trademark registration an application form still needs to be filled out.
To access the online service please click here Legal basis is the Trademark Act of 2011 (SFS 2010:1877).
Sweden is a member of the Madrid Protocol and the European Union.
Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.
Nice classification, 10th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, devices, the three-dimensional form of a good or its packaging, colours, sounds and any combination of the mentioned signs.
The following trademark types are registrable: trade marks, service marks, collective marks and certification marks.
The application is filed at the Patent Office.
Multiple-class applications are possible.
The owner of a trademark registration who is neither resident nor running a business in Sweden, must notify PRV of a service agent resident in Sweden.
All correspondence must be sent in Swedish.
A non-legalised power of attorney is sufficient.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks, company names and family names.
The processing time from first filing to registration or first office action is approx. 3 to 6 months.
After registration, the trademark is published in the “Svensk Varumärkestidning”.
National:
The opposition period is 3 months from the publication of the trademark registration.
Opposition against designation of IR Mark
(The period starts from the national publication date, if not stated differently):
3 months
A trademark registration is valid for 10 years from the date of registration.
The registration is renewable for periods of 10 years.
If the trademark has not been used within 5 years from registration, it may be subject to cancellation. Subsequent use of the trademark can restore protection if no party has requested cancellation due to non-use in the meantime.
The official fee for registering a trademark is SEK 2,300.00 (approx. EUR 267.-) in paper form or SEK 1,800.00 (approx. EUR 209.00) for e-filing in one class.
The official fee for each additional class is now SEK 900.00 (approx. EUR 104.00) for E-filing. The fee for each additional class stays the same in paper form with SEK 900.00.
Please note that it is not always possible to file via E-filing. It depends on if the goods/services already have been accepted by the Swedish PTO (the class headings are of course accepted).
Trademark Licence Agreement
In Sweden a licence agreement may be concluded orally, in writing, or inferred by conduct. An oral agreement can be difficult to enforce from an evidentiary point of view. Licensing of unregistered trademarks is permitted. A licence may be restricted to only some of the goods and/or services in respect of which the mark is registered. The sale of a registered trademark does not automatically terminate the licence. There are no statutory provisions prescribing the terms of licensing.
Recordal
There are statutory provisions in law for the recordal of a licensee with the Trademark Office. Recordal is voluntary. There is no time frame for a recordal and there are no documentary requirements as to form or content of a licence agreement.
Effectiveness
A licence becomes effective and enforceable against third parties when the licence agreement is concluded. If a licensee is recorded with the Trademark Office, the recordal is published.
Infringement Proceedings
There is no legal provision in Sweden regarding an evidentiary presumption that use by a recorded licensee is deemed to be permitted use. A licensee may join the trademark owner in infringement proceedings and can also initiate infringement proceedings in his own name.
| Search type |
First class |
Add. class |
| Word Mark Search (availability) |
220,00 € |
50,00 € |
| Word Mark Search (identical) |
60,00 € |
20,00 € |
| Extended Search (word mark, company name, domain) |
350,00 € |
50,00 € |
| Device Mark Search (availability) |
790,00 € |
270,00 € |
| Trademark Owner Search |
140,00 € |
|
| Company Name Search |
150,00 € |
|
| Domain Name Search (extended) |
72,00 € |
|
| i-Search (word mark availability + legal opinion) |
450,00 € |
100,00 € |
The Prices above are S.M.D. Markeur Search Fees
Country Index is a free service of S.M.D. Markeur, an international IP searching and monitoring firm.
We would like to thank the following law firms for their assistance in updating the information provided:
Country Survey02-12-2013
GROTH & CO KB, Stockholm, Sweden
05-22-2012
GROTH & CO KB, Stockholm, Sweden
10-03-2011
GROTH & CO KB, Stockholm, Sweden
10-15-2010
GROTH & CO KB, Stockholm, Sweden
Licensing11-07-2011
Delphi, Stockholm, Sweden
GROTH & CO KB, Stockholm, Sweden