Sweden – Trademarks

Opposition
Within three months of the date of publication of the registration of the mark, 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.

Use
After the registration is older than five years, any aggrieved person may apply for cancellation of the registration due to non-use. The registration may then be canceled, wholly or partly, for all goods and services that the trademark owner is unable to show proper trademark use of.

Marking
Marking is not compulsory, but advisable. The most common markings are: ”Varumärke”™ or ”Registrerat varumärke” ®.

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 trademark in Sweden. There is no requirement to record the licence.

Pledging
It is possible to pledge a trademark in Sweden. It should be noted, however, that the pledge must be recorded with the national registry to become valid. Please contact your consultant at AWA for more information.

Watching
The Swedish Patent Office examines applications against relative bars. However, if they should grant a trademark that in your opinion is confusingly similar to your older right, such application can only be revoked by your actions, typically by means of an opposition or 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 confusingly similar trademarks that may have been registered despite the existence of your trademark.

Alteration 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.