The current trademark regulations in Sweden are mainly based on the Trademark Law No. 644 of December 2, 1960, which was revised multiple times in 2011 and 2016. The Swedish Patent and Trademark Office is responsible for managing trademark affairs and the official language is Swedish. The Swedish trademark registration adopts the principle of "combining use and application".
Sweden is a signatory to international intellectual property treaties such as the Trademark Law Treaty, TRIPS Agreement, Paris Convention, Nice Agreement, Convention Establishing the World Intellectual Property Organization, and Vienna Agreement. It is also a member of the Madrid Protocol and the European Union, so trademark registration can be processed through "single country registration", "EU registration", or "Madrid International Registration".
At present, the Swedish Patent and Trademark Office adopts the Nice Classification 11th edition for the description of goods and services and accepts applications for multiple categories in one form. The elements that can be registered as trademarks in Sweden include: text, names, letters, numbers, graphics, colors, three-dimensional shapes, etc.
Natural or legal persons who do not have a domicile, main place of business, or a genuine and valid business enterprise in Sweden must entrust a specialized agent in that country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Category and specific product items;
3. Name and address of the applicant;
4.If priority is declared, proof of priority must be provided.
The main process for applying for registration of a Swedish trademark is: application - examination - approval and issuance - announcement. The application will be accepted approximately one week after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice; If the substantive examination is passed, it will be approved for registration and a registration certificate will be issued. After the registration is approved, an announcement will be arranged, and a 3-month objection period will be set from the announcement date. Any interested party or prior rights holder may raise objections, and the main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. Has adverse effects;
4. Trademarks only directly represent the quality, main raw materials, function, purpose, quantity, weight, value, place of origin, production date, or other characteristics of goods and services;
5. Trademarks have only the shape generated by the nature of the goods themselves, only the shape required to obtain technical effects, and only the shape that gives the goods substantial value.
If there are no objections or objections are not valid during the announcement period, the trademark will be officially registered successfully. In a smooth situation, trademark registration in Sweden takes about six months; If things don't go smoothly and there are rejections or objections along the way, the time will be greatly extended.
The Swedish trademark is valid for 10 years after registration. The validity period for applications filed before January 1, 2019 is calculated from the date of registration, and the validity period for applications filed after January 1, 2019 is calculated from the date of application; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.