How to Register a Trademark in Sweden

Registering a trademark in Sweden is a vital step to protecting your brand identity and securing exclusive rights to your business name, logo, or slogan. This comprehensive guide provides detailed information on the filing requirements, examination process, validity terms, and more to help you navigate Sweden’s trademark registration.

Why Register a Trademark in Sweden?

Registering a trademark in Sweden gives you exclusive rights to your brand within the country. This means that no one else can use your logo, name, or slogan without your permission. A Swedish trademark registration not only helps protect your business but also enhances your brand’s reputation, as customers tend to trust registered trademarks more. Furthermore, having a registered trademark makes it easier to defend your brand in case of infringement.

Steps to Register a Trademark in Sweden

Filing Requirements in Sweden

Trademark applications in Sweden must be filed in Swedish. To secure the filing date, your application must include the following:

• A clear representation of the trademark.
• Applicant’s details, including name and address.
• A list of goods and services for which the trademark is registered, classified according to the Nice Classification system.

Right of Priority

If you wish to claim priority, a certified copy of the Priority Document must be submitted within one month from the filing date. The document must be accompanied by a notarized Swedish translation.

Power of Attorney

The submission of a Power of Attorney is not required for trademark registration in Sweden.

Examination, Publication, and Opposition

Examination

Trademark applications in Sweden undergo formal and substantive examination:

• Formal Examination: Verifies that the application meets all filing requirements.
• Substantive Examination: Assesses the distinctiveness of the trademark and its similarity to earlier registered trademarks.

Publication and Opposition

If the application passes the examination, it is published in the Swedish Trademark Gazette. Third parties have three months from the publication date to file an opposition if they believe the trademark infringes their rights.

Grant, Validity Term, and Trademark Renewal

Validity Term

The validity term of a trademark registration in Sweden depends on the filing date:

• Applications filed after January 1, 2019: Valid for 10 years from the filing date.
• Applications filed before December 31, 2018: Valid for 10 years from the registration date.

Renewal

Renewal terms vary based on the filing date:

• Applications filed after January 1, 2019: Renewal fees can be paid within six months before or after the filing date.
• Applications filed before December 31, 2018: Renewal fees must be paid within six months before or after the registration date.

Trademark registrations can be renewed indefinitely for additional 10-year periods.

Duration of the Registration Procedure

The average time for trademark registration in Sweden is approximately 3 to 6 months from the date of filing.

Use Requirement

A registered trademark in Sweden may be subject to cancellation if it has not been used within five years from the date of registration.

Representation by a Trademark Attorney

Foreign applicants without residency or a place of business in Sweden are recommended to appoint a local agent or a registered Swedish trademark attorney for smooth handling of the registration process.

Additional Notes

1. Online Search Databases: Before filing, conduct a search in the Swedish Trademarks database and the EU Trademarks database to ensure your mark is unique.
2. European Union Trademark: Trademark protection in Sweden can also be obtained by registering a European Union Trademark (EUTM).
3. Provisional Refusal: For international registrations facing provisional refusal in Sweden, applicants have three months from the date of issuance to file a response. Extensions can be requested with justification. After responding, it is possible to request a revision or appeal the provisional refusal within two months from the final decision.

Benefits of Registering a Sweden Trademark

• Exclusive Rights: Registering a trademark in Sweden grants you exclusive use of your trademark in the country.
• Legal Protection: A registered trademark helps prevent others from using a similar mark, ensuring your brand remains distinct.
• Easy Enforcement: If your trademark is infringed upon, you can take legal action to protect your rights.
• Increased Business Value: A registered trademark adds value to your business and is often an asset in commercial transactions.

Trademark registration in Sweden provides robust protection for your brand. By following the outlined steps and complying with the legal requirements, you can secure your trademark rights efficiently. Appointing a local representative ensures seamless communication with the Swedish Patent and Registration Office (PRV) and increases the likelihood of successful registration.