Sweden jurisdiction report: New-look trademark legislation
Representatives of the Swedish Patent and Registration Office (PRV) have also been actively involved in the Convergence Programme, launched in 2011, that linked the EUIPO with national offices and user associations in an effort to reach common ground in areas where IP offices have different practices.
One initial important change is chapter 1, article 4 of the Swedish Trademarks Act on the identification of what can be registered as a trademark:
The previous wording of “all signs capable of being represented graphically, particularly words, including personal names, figurative elements, letters, numerals, and the shape of goods or of their packaging, provided that the signs are distinctive” is now:
“All signs that have distinctive character and which can be clearly represented in the Patent and Registration Office’s trademark register. Signs are, in particular, words, including personal names, as well as figures, letters, numbers, colours, sounds and the shape or equipment of a product or its packaging.”
Other changes
The criteria for what is considered a valid trademark application have also changed. In order to get an application date, the applicant needs to (i) state its intent to register the trademark; (ii) provide full and clear information on who is the applicant; (iii) provide a clear representation of the trademark; and (iv) provide a clear list of goods and services for the trademark, not just a simple reference to the class heading.
Owners of a newly registered trademark can demand that an opponent proves that the opposing trademark has been in use.
The exclusive trademark right is extended to include transit and similar customs measures. The purpose is to make it easier for the Customs Office to intervene against piracy and counterfeit goods.
Registrations based on applications submitted before or on December 31, 2018 will still be valid from the date of application and for ten years from the registration date. Registrations based on applications submitted after or on January 1, 2019 will be valid for ten years from the application date.
