Background
Sweden was a formidable military power during the 17th century
but has not participated in any war in almost two centuries. Sweden
remained armed but neutral in both World Wars. Sweden's longsuccessful
economic formula of a capitalist system tempered by significant
welfare characteristics was challenged in the 1990s by high
unemployment and in 2000-02 by the global economic downturn.
However, fiscal discipline over the past several years has allowed the
country to endure such economic challenges. Sweden joined the EU in
1995, but the public rejected the introduction of the euro in a 2003
referendum.
Who May Apply?
An application may be filed by any person or legal entity. The first applicant to file is entitled to registration and exclusive use of a mark.
A prior user may, however, contest the registration within a period of
five years from the date thereof.
What Can Be Registered?
A trademark may be registered only if it is able to distinguish the
goods of the proprietor of the mark from those of others. This also applies
to services where applicable.
Distinctive getup (distinguishing guise or trade dress) of goods or
packaging may also be registered. The personal name of the applicant
may also be registered.
What Cannot Be Registered?
The following are not registrable:
(1) marks that solely or with a small alteration or addition indicate
the nature of the goods, their composition, quantity, use, price,
or geographical place of origin or the date of their production;
(2) a mark that includes the unauthorized use of a national or
international coat of arms, flag, or emblem; a municipal coat of
arms, a national certification, or guaranty marking or other
marking that by reference is intended to impart an official
character to a mark or other marking that may not be used as a
trademark by unauthorized persons; or any other marking that
may be confused with the foregoing;
(3) a mark construed to be deceptive to the general public;
(4) a mark that is otherwise contrary to law and order or is
intended to be offensive;
(5) a mark that includes matter conceived to be interpreted as the
trade name of another, or another person's name or portrait,
provided it does not obviously refer to a person long since
deceased;
(6) a mark that includes matter intended to give the impression of
being the title of the literary or artistic work of another person
or that infringes a copyright;
(7) a mark likely to cause confusion with the name of another
person or firm, with another's trademark registered as a result
of an earlier application, or with the distinguishing marking of
another that had acquired a reputation by use at the time the
application for registration was filed;
(8) a mark likely to cause confusion with a distinguishing marking
that at the time of the application for registration was being
used by another person, and the application was filed with
knowledge of this fact and the applicant had not used his mark
before the commencement of use of the other marking; (9) a mark that consists solely of matter that gives the impression
of being the name of a person or firm.
Registration may take place notwithstanding the provisions set out
under (5) through (8) if the person whose rights are in question gives
his consent and there are no other obstacles.
The exclusive rights obtained by the registration of a trademark do
not include the parts of the mark that are not registrable per se.
These parts can be disclaimed in the registration.
Rights
Any person engaged in commerce is entitled to use his name or that
of his firm as a distinguishing mark for his goods, provided that it is
not likely to cause confusion with a protected distinguishing mark of
others. He may also obtain protection in accordance with this Act
against the use of his name or firm as such a mark by other unauthorized
persons.
Filing Requirements
Application must be in writing and must include: (a) Name of applicant;
(b) Mailing address of applicant;
(c) Name and address of agent if applicable;
(d) Trademark applied for;
(e) Designated goods and services.
Foreign registrants must have an agent in Sweden. No power of attorney
is necessary.
Evaluation & Review
Application for the registration of a trademark must be filed at the
Swedish Patent and Registration Office. Each application is examined
as to the formality of the documents, the registrability of the mark,
and the existence of prior conflicting marks, company names, and
family names.
Duration
Registration is effective for 10 years from the date of registration
and is renewable for 10 years from the expiration of the preceding
registration upon application made at the earliest one year before and
at the latest six months (with fine) after the expiration of the registration
period.
Use
Use of the mark on goods sold in Sweden or on their wrappings or
containers is acceptable, as is use in leaflets accompanying the goods
or shown separately at trade fairs to solicit orders. Use for advertising
in domestic publications, or in domestic or foreign broadcasts received
in Sweden, is also acceptable. Use of a mark for specific goods in one
class supports a registration covering similar goods even if in other
classes. Use of word marks in special alphabets (Cyrilic, Greek, Arabic,
Chinese, etc.) does not support a registration of the equivalent word
in Latin lettem No Declaration of Use needs to be filed with the Trademark Office.
Domain Names
The country code for Sweden is .se. Sweden has no specific legislation
concerning domain names. The domain name administration
system does not have any connection to the State or any other
governmental authority.
The I1 Foundation (the Foundation for Internet Infrastructure) is a
foundation that has
been assigned responsibility for .se by ICANN. The Swedish division
of the Internet Society, ISOC-SE, established the Foundation in
the fall of 1997. The Foundation owns a private, not-for-profit subsidiary,
NIC-SE, which runs and coordinates these country code. The I1
Foundation has given NDR the task of maintaining and developing
the regulations that govern registration of domain names that include
these country code. NIC-SE is not subject to any specific judicial or
independent review. However, the generally applicable principles of
law that apply in Sweden also apply to the registration of domain
names that include these country code.
Enforcement
Sweden has implemented EC Council Regulation 138312003 of July
22, 2003, concerning customs actions directed at goods suspected of
infringing certain intellectual property rights. Trademark owners
may therefore avail themselves of the measures it provides for where
goods are found to have infringed such rights.