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Trademark Renewal
In Sweden in order to maintain the validity of a trademark registration you must renew it every 10 years. The renewal process is fairly simple, you will need to provide trademark registration details and send us a power of attorney.
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Applications are handled by experienced local Trademark Attorneys to ensure that all legal requirements are met.
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If your trademark application is rejected, our Attorneys will inform you and advise you on the best course of action.
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A dedicated Account Manager will act as your point of contact for all communications.
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You can use our admin panel to track and review the current status of any service you have requested.
 Frequently Asked Questions
Trademark Registration
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Is there a time frame for the trademark registration approval?

The average time frame for the registration approval is 5 months, if no objections or oppositions arise.

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If I register my trademark in Sweden, do I have protection in other territories?

No. Sweden is the territorial limit.

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Do I need to sign a Power of Attorney?

A power of attorney is not a requirement unless the applicant wants to change attorney or needs to respond to an official request.

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Are there any benefits from a pre-filing use of the trademark?

There are minimal benefits from pre-filing use of a mark. The applicant may show the distinctiveness of the mark and overcome oppositions on the ground of non-distinctiveness.

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Will there be problems in case I don’t use my trademark after registration?

Yes. Your registered mark will be cancelled if it is not in use.

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What are the types of trademark that can be registered in Sweden?

Marks that can be represented graphically and can show the difference of a product or service from its counterparts are registrable: 

  • Words
  • Holograms
  • Names
  • Trade dress
  • Devices
  • Smell
  • Shapes (3-dimensional)
  • Sounds
  • Colours
  • Slogans
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What are the phases of application after a trademark has been filed in Sweden?

There are 3 phases of trademark application in Sweden: 

  1. Examination – Formality, clarity, distinctiveness, descriptiveness, classification, deceptiveness and potential conflicts will be examined by the trademark authorities. Compliance during this phase is extremely necessary in order to avoid refusals which will make the procedures complicated and lengthy.
  2. Registration – A registration of the mark will be granted and will be published so that third parties will have the chance to oppose.
  3. Publication – The details of the mark will be published such as the mark, name, address, date, application number, goods/service, priority claim and representation.
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Are there any types of trademark that cannot be registered?

The following marks are banned from registration: 

  • Marks that go against standards of morality and /or public policy
  • Terms or words that have a general meaning
  • Marks that contain unauthorized names, symbols or flags of regions, states, nations and international organizations
  • Marks that lack acquired distinctiveness
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Does Sweden use the "Nice Classification" system?

Yes. This jurisdiction uses the Nice Classification system.

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Does the Community Trademark apply for Sweden?

Yes. Community Trademark registration is effective in Sweden. Note that Community Trademark is now called European Union Trade Mark.

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Is there any possibility to claim priority in Sweden?

Yes. It is possible to claim the filing date in your home country as the filing date in Sweden if the following pre-requisites are met: 

  • The filing date in your home country occurred within the past 6 months prior to the date of application in Sweden
  • Your home country is a signatory of the Paris Convention
  • Your home country is a member of the WTO (World Trade Organization)
  • The international registration can be based in Sweden
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What do I need to do to satisfy the use requirement?

You have to use the mark within 5 years from the date it was registered. You must use it in Sweden and must be for business purposes.

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Once my trademark has been registered, for how many years will be valid?

Registered marks in Sweden are initially valid for 10 years.

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What will be the renewal date of my trademark?

The first renewal will take place 10 years from the date the registration was granted.

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Is it legal to use my trademark even if it is not yet registered?

Yes. Using an unregistered mark for selling of goods or service is legal in this jurisdiction.

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Does having a registered trademark in Sweden afford me any right?

Yes. Registration of trademark is mandatory in order to obtain rights (first-to-file rule). Rights are also established through extensive and long-term use of the mark.

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What is the web address of the trademark national office?

The web address is accessible at https://www.prv.se/

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Is there any need to use my trademark before I apply for registration?

No. Actual use of the mark is not mandatory for registration.

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What are the grounds for a Trademark Application to be opposed?

The following are grounds for opposition: 

  • Breach of copyright
  • Mark is against public order and moral standards
  • Proprietary rights
  • Mark is descriptive, functional, generic, misleading, disparaging, deceptive or non-distinctive
  • Mark violated rights of a well-known mark
  • Mark used a specially protected flag, emblem or armorial bearing without authorization
  • Mark was registered under the agent’s name or representative of the owner of the mark
  • Mark violated rights of a registered design, personal name, company name, or trade names
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Who can contest my trademark registration?

Anyone may challenge the registration.

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Is it possible to cancel a registration?

Yes. A registered mark can be cancelled on the grounds of: 

  • Mark contradicts principles of moral and public policy
  • Mark contains geographical indication
  • Proprietary rights
  • Breach of copyright
  • Mark is functional, descriptive, misleading/disparaging/deceptive, and/or generic
  • Mark is against rights of famous and notorious marks
  • Mark uses protected flags, emblems and armorial bearings without permission from respected authorities
  • Mark is against rights of registered designs, trade names or personal names
  • Mark was registered in the name of the proprietor’s representative or agent
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Are there any rights established by having a registered trademark?

Yes. When you register your trademark, you secure the following rights: 

  • Right to appeal for the cancellation of conflicting applications filed at a later date
  • Right to appeal for the confiscation of counterfeit imported goods
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How long is the opposition period?

The opposition period will start on the date the registration was granted and will end three months after that date.

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Is Sweden a member of the Madrid System?

Yes. Sweden is a member of the Madrid Protocol.

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Do I need to present periodic statement of use?

No. Such statements are not necessary.

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When should I renew my trademark?

You must renew your trademark every 10 years.

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What will be the renewal date of my trademark?

The first renewal will take place 10 years from the date the registration was granted.

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Is there any documentation that should be presented when renewing a trademark?

Documentation is not needed for renewals.

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If my trademark expires, do I have a grace period?

You still have 6 months to renew your mark after its expiration date.

Basic Questions
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What is a trademark?

A trademark identifies a company’s products and services and distinguishes them from those of its competitors in the market. The name (the verbal element) is not the only component of a trademark—figurative elements such as logos, design, images, colors, and sounds also create an identity that can be protected by trademark registration.

With the registration, the owner (person or company) becomes the owner of the trademark. The registration is given for a particular country/territory, for certain products or services, and for a specific term. While the registration is in force, only the owner may use the trademark in the market where the trademark is registered.

 Some symbols to consider:

® Means the trademark is registered.

TM Some countries use this trademark symbol to show that the trademark has been filed at the trademark office and is still undergoing the registration process.

SM Some countries use this service mark symbol to show that the service mark has been filed at the trademark office and is still undergoing the registration process.

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What is the difference between a trademark, patent and copyright ?

You can lay claim to your work in many ways. Trademarks, patents, and copyrights offer protection to intellectual property owners. A trademark helps people find your goods and services. When recognized as a registered mark, it protects your right to exclusively use the image, logo, phrases, or words to distinguish your goods or services from others in the market.

patent safeguards ideas and inventions. It gives a creator or inventor exclusive rights that prevent other people from making, using, or profiting in any way from an invention or creative innovation without the consent of the inventor.

You cannot patent an idea alone (otherwise we’d all be doing it). You must materialize your concept into a tangible invention, innovative product, device, or process that offers new solutions to an existing problem.

Copyright protects all types of original published, performed, and printed creative works of art, literature, and music. It prevents people from using, reproducing, or distributing copyrighted works without the permission of the artist, author, composer, etc. Types of work covered by copyright protection include:

  1. a) artwork (2 or 3 dimensional),
  2. b) photographs, graphic drawings, and designs as well as other forms of creativity;
  3. c) songs, music, and sound recordings of all kinds;
  4. d) books, manuscripts, publications, and another written work; and
  5. e) plays, movies, shows, and other performance arts.

 

Trademarks, patents, and copyrights are all examples of ways you can protect your intellectual property. Your rights to control and benefit from your efforts are increasingly important in our global economy. Registering a formal claim to your property is a critical step in protecting what you own.

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What is the difference between TM, SM, ® and other symbols?

The symbol of a circled letter R after a trademark name or graphic image means that the preceding trademark has been registered. Various typographic symbols indicate copyrights and patents. The presence or absence of a symbol does not change the validity of the registration, but the best practice is to use circle‑R or circle‑C for copyrights every time you mention your intellectual property in print. These symbols give legal grounds for claiming damages in trademark litigation. The following is a list of some typical marks you can use on a web page, in written content, or even in a marketing letter.

  • TM: The TM or trademark symbol indicates an unregistered trademark for one of 34 different classes of products. Owners use this symbol to claim the preceding name or logo as the Trademark of their product.
  • SM: The SM or service mark symbol is similar to the TM symbol except it indicates a claim to a mark for a service (one of 11 classes of service) rather than a tangible product.
  • ®: Use the ® symbol once you’ve registered your trademark or service mark. It shows that the country authority has approved the registration.
  • ©: Use the © symbol to indicate copyrighted material. The copyright notice should appear on the material as Copyright © followed by the date the work was created, the copyright owner’s name, a period, and finally “All Rights Reserved.” Like this: Copyright © 2021, John Smith. All Rights Reserved. Use it whether the copyright has been registered or not.
  • Patent Pending: The phrase Patent Pending shows that you filed a patent application but cannot guarantee the application's approval.
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What are trademark classes?

Trademark Offices around the world use classes to divide commercial products and services into defined categories.  When you apply for your trademark to protect your brand, you must define the class or classes that you believe best describe your business activity. 

Countries around the world have standardized 45 classes (34 for products and 11 for services) for international use under the Nice International Classification.

These classes group all known products and services. If applicable, you can register the same trademark in more than one class; for example, you may register the trademark KING for computers in class 23 and register the same trademark in class 24 for cosmetics. 

Trademark protection only extends to commercial use within your specified classes.  It is, therefore, possible for two entities conducting business in different classes to use identical or similar trademarks and for each entity to enjoy full trademark protection in their respective classes. If you feel that protection should extend to include more than one class, you can choose multiple classes under which to conduct business.

You can search for your trademark class with this Trademark Class Search tool.

Trademark Search
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Why do I need to perform a trademark search?

Once you have a product or service and think you have a name for it, how do you know you can use it as your own? What happens if you unintentionally use a registered trademark name? 

Too many people use a name without knowing whether or not they have the legal right to do so. They organize massive marketing campaigns with names they later find they’re not allowed to use. Performing a comprehensive search before deciding which trademark to register is a wise thing to do, especially when you consider future risks of litigation.  

It is a good idea to carry out some research before starting to do business with a trademark. It may not be in your best interest to use a mark if another company is already actively conducting business in the same class.  The other company may object to you using the trademark and legally prohibit you from doing so.

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Do I need an Attorney to perform a Trademark Search?

No, you don’t, but if you have little or no experience dealing with trademarks, we suggest you seek professional help. Our company offers a Comprehensive Trademark Study service. The Study gives you details of the classes in which you might want to register your trademark; it also lists identical and similar trademarks, and finally, you get an Attorney's recommendation about registration possibilities and use of your trademark.

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Where can I perform a trademark search?

If you know a little about trademark registration, you can search using any online trademark search tool. If not, we recommend that you hire a trademark attorney or trademark service like Nominus.com to handle your trademark registration requirements, especially the trademark search because the process is complex and relatively time consuming.

Please note that if you don’t manage to complete the application process correctly, the registration can drag on for several months and end up costing far more than you intended to pay. The trademark search is a critical part of the process.

A broad trademark search is essential in today's marketplace, given the increasing number of unregistered and common law trademarks. Globalization also raises the question of entering international markets and registering trademarks in foreign countries to protect both your brand and your property rights.

Please note that even a completed comprehensive trademark search does not necessarily guarantee your trademark will be accepted and registered. A  Comprehensive Trademark Study includes an extended review process and, more significantly, a formal evaluation of the likelihood that your application will be successful.

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