Sweden – Registered Design
Opposition
Within two months of the date of publication of the registration of the design, anyone can file an opposition against the registration.
We will watch the opposition period on your behalf and you will hear from us again, whether an opposition has been filed or not, approximately one month after the opposition period has expired.
It should, however, be noted that the fact that nobody files an opposition does not prevent a third party from initiating cancellation proceedings against your registration in the future. If so, we will as your agent be informed thereof and will of course contact you as soon as we are duly notified.
Varieties of a design
It is possible to include multiple design in one registration as long as they belong to the same class, i.e. pertain to the same type of goods.
Working
Working of a registered design or model is not compulsory.
Marking
Marking is not compulsory, but advisable. A common marking is:
”Svensk mönsterreg. nr XX XXX” or ”Reg. mönster nr XX XXX”
”Swedish Design Reg. No. XX XXX” or ”Reg. Design No. XX XXX”
Registered owner
The consequence of not recording changes in title varies from country to country. In some countries, it is an absolute condition that the entity claiming protection is the same entity that is recorded as owner in the national registry. In other countries failure to record changes in title may make it more difficult, for instance, to file renewal documents or to file lawsuits against infringers. Thus, we highly recommend that changes of name and assignments are duly recorded. Please contact your consultant at AWA for more information.
Licensing
It is possible to license a registered design in Sweden. Please contact your consultant at AWA for more information.
Pledging
It is not possible to pledge a registered design in Sweden. There are indications that such a possibility will soon be available. Please contact your consultant for more information.
Watching
The registration of an identical or similar design can be revoked only by your actions, typically by means of a cancellation action. Please feel free to contact us when in doubt.
We recommend that you use our watching service in order to improve your chances to detect similar designs that may have been registered despite the existence of your registered design.
Alterations in Laws
Please note that these requirements may change over time and AWA does not assume any responsibility to keep you updated of any legislative or other amendments. In order to provide yourself with updated and current information, do not hesitate to contact your consultant at AWA.