Sweden Trademark Registration

In Sweden, trademark registration is mandatory to be granted rights over a mark, since it is a “first to file” jurisdiction. Only in some exceptional cases can an unregistered trademark be protected.

To obtain protection in Sweden, you can:

• File a national application with the Swedish Patent and Registration Office, or
• File a **European Union Trademark (EUTM) which grants protection in all EU member states, including Sweden: European Union Trademarks (EUTM).

Sweden is also a member state of the Madrid Protocol, so it is possible to extend an International Registration to Sweden via the Madrid System. We offer services for trademark filing through the Madrid System.

If you register a combined trademark (word + figurative elements) in Sweden, your exclusive right is limited to the exact configuration as filed and registered. If you want to use the word element separately from the logo (or vice versa), you should file an additional trademark covering only the elements you wish to protect separately.

To register a trademark in Sweden, you will generally need:

• Scanned copy of a signed Power of Attorney. No notarization or legalization required.
• The name or logo you want to register
• The applicant’s details

Your iGERENT consultant will confirm the exact requirements for your case and guide you through each step.

The average time for a straightforward trademark application to proceed to registration in Sweden is around 12 months.

This is an estimated timeframe based on current processing times and may vary considerably depending on the case.

Once your trademark is registered in Sweden:

• It is valid for 10 years from the registration date.
• It can be renewed indefinitely for further periods of ten (10) years.

Renewal:

• Can be requested as early as twelve (12) months before the expiration date.
• Can also be requested during a grace period of six (6) months after expiration, upon payment of a late renewal fee.

Yes. If a third party files or registers a mark that includes a primary or distinctive part of your trademark for similar goods or services, you may oppose the registration based on confusing similarity.

In Sweden:

• Opposition actions may be filed after the trademark has been registered.
• The opposition must be filed within three (3) months from the date of registration.
• The chances of success will depend on the specific circumstances of each case.

• A trademark does not need to be in use to be registered in Sweden.
• However, if the mark is not used for a period of five (5) consecutive years, it becomes vulnerable to cancellation actions based on lack of use.

To avoid this risk, the use of the mark must be on a commercial scale in Sweden.

Sweden, through the Swedish Intellectual Property Office (PRV), allows the registration of three-dimensional (3D) trademarks.

For 3D marks:

• Applicants must submit clear graphical representations showing the mark from multiple angles.
• The shape must be distinctive and not solely functional.
• Sweden follows EU practice by allowing acquired distinctiveness through use, which can be essential for 3D marks that are not inherently distinctive.
• The PRV may require evidence of market recognition to prove acquired distinctiveness.

For more information, you can consult the PRV’s website.