Trademark protection in Sweden – how it works

With Swedish trademark protection, you secure the intellectual property rights to your trademark on the Swedish market. It also protects you from unknowingly infringing on another party’s trademark. Below you can read more about how trademark protection in Sweden works and why it is important to have.

What does trademark protection involve?

Trademark protection is about ensuring the exclusive right of use of things that characterize the particular products or services your company markets. That is, your trademark, which can be anything from a logo or a special sound, to a font, a figure, or a particular design. Put simply, a trademark can be likened to the public face of a company – something you want to inspire trust, arouse interest, and symbolises the values your company stands for.

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FOR YOU RUNNING A BUSINESS IN SWEDEN

3 reasons to protect your trademark

Secures exclusivity

It is illegal for others to use a registered trademark. As the owner of a protected trademark, you have the law on your side in case a dispute arises.

Prevents infringement

Trademark protection in Sweden is only granted if there is not already an identical or similar trademark registered with PRV. So a registration not only prevents others from illegally using your mark – it also protects you from accidentally infringing on another party’s.

Increases value

Companies with a registered, protected trademark are often valued more highly by investors. Commercially, trademark protection is a smart move strategically.

Two paths to Swedish trademark protection

The easiest and quickest way to protect your trademark in Sweden is to apply for trademark registration with the Swedish Intellectual Property Office (PRV). However, in order for you to get proper protection, it is important that you are thorough with the preparatory work and that you enter the correct information and trademark classes.

If you want help with your registration, we at Abion are happy to help. With in-depth expertise in trademark protection – in all aspects – we ensure that your application is correct for your specific purposes. Via your customer portal Abion Core, you can also manage your trademark once it has been registered. There you will find, among other things, functions for trademark monitoring, domain registration, and management of certificates.

Trademark protection can also be obtained without the need to apply for registration. This, however, requires that the brand has been well established for a long period of time – usually several years. Since registration with PRV is a safer and significantly faster way to get trademark protection in Sweden, this option is preferable.

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Laws and rules for trademark protection

In Sweden, there are a number of different laws and ordinances that regulate trademark protection. The most comprehensive are:

Criteria for protection by trademark registration

Trademark protection aims to protect the unique characteristics that differentiate a good or service from similar ones on the market. This means that for a trademark registration to be granted, the following criteria must be met:

There must be a clear distinction between your products or services and similar ones on the market.
It can’t be possible to confuse your trademark with others on the market.

If your application for registration is rejected, it is usually because one of the above requirements is not met. It’s also important to keep in mind that your trademark isn’t allowed to be too descriptive for the product or service it is intended to represent. This is so that no company gets exclusive rights to words that are necessary to describe part of a product or service – for example, "coffee" or "IT services".

FAQ about trademark protection in Sweden

What happens if someone infringes on my registered trade mark?

If someone infringes on your registered trade mark, you have several options to address the situation:

Cease and Desist Letter
Send a formal notice to the infringer, demanding that they stop using your trade mark. Often the first step, this letter serves as a warning and can sometimes resolve the issue without further legal action.
Negotiation and Settlement
Engage in direct negotiations with the infringer to reach a mutually agreeable solution. This can lead to a settlement that might include payment for damages, an agreement to stop using the mark, or a licensing arrangement.
Administrative Action
File a complaint with the trade mark office or relevant authority in the jurisdiction where the infringement is occurring. The office may take administrative actions such as cancelling the infringer’s registration or preventing their use of the mark.
Litigation
File a lawsuit in civil court against the infringer. Seek legal remedies such as an injunction to stop the infringing use, monetary damages, and potentially the recovery of attorney's fees.
Customs Enforcement
Register your trade mark with customs authorities. Customs can help block the import and export of counterfeit goods bearing your trade mark.
Alternative Dispute Resolution (ADR)
Utilise mediation or arbitration to resolve the dispute. These methods can be less costly and quicker than litigation.

Having a professional trade mark attorney on your side for any infringement actions is highly recommended.

Is a trade mark only valid in one country?

No, a trade mark is not only valid in one country. Trade mark protection can be sought at the national level, where it provides protection and exclusivity within the specific country where it is registered. However, it is also possible to extend trade mark protection internationally. Abion, with its global reach and expertise, can assist you in securing trade mark protection in multiple countries.

What can be registered as a trade mark?

Trade marks encompass a wide spectrum of brand elements, such as words, product name, logos, symbols, slogans, and even sounds or colours, all of which play a crucial role in uniquely identifying your brand in the marketplace. These intellectual property elements are the building blocks of your brand's visual and auditory identity, serving to distinguish your products or services from those of competitors. By registering these trade marks, you gain exclusive rights to use and protect these brand identifiers, establishing a strong and recognisable presence in the market.

Do I need to hire a professional to help me register a trade mark?

Registering a trade mark can be a complex and nuanced process, involving legal terms, documentation requirements, and potential pitfalls. While it is possible to proceed without professional assistance, hiring a trade mark attorney can offer various advantages and increase your chances of a successful registration.

A trade mark attorney can conduct a comprehensive search to identify potential conflicts with existing trade mark, ensuring that your application has a higher chance of being accepted. They can also provide strategic advice on trade mark selection, helping you choose distinctive and protectable marks that align with your brand's long-term objectives. The legal aspects of intellectual property can be complex and a small error can weaken your trademark protection, and lead to legal action against you.

Furthermore, a trade mark attorney acts as your advocate throughout the application process. They can respond to any official actions or objections from trade mark examiners, handle communication with trade mark offices, and provide guidance on potential oppositions from other trade mark owners. Their expertise can help navigate any legal complexities and ensure a smoother path to registration.

Ultimately, while hiring a professional is not required by law, it is highly recommended to consult a trade mark attorney to maximise your chances of a successful trade mark registration. They can provide invaluable guidance and support, helping you protect your brand effectively and avoid potential setbacks. At Abion, we have a team of experienced trade mark attorneys who can assist you at every step of the registration process, ensuring your trade marks are handled with precision and care.

How can Abion help with trade mark registration?

Abion offers comprehensive trade mark registration services, guiding you through the process from start to finish to ensure your brand is legally protected on a global scale. Our expert team of trade mark professionals is dedicated to safeguarding your brand with passion and dedication.