The new Trademarks Act contains, among other things, new provisions for administrative revocation, the possibility of reinstating a dismissed application, and transfer on the grounds of better rights. Certain provisions that already exist today have also been amended, such as provisions for surnames and artist names. Many provisions remain unchanged in substance. Please read our overview below, which covers the changes that concern you as the applicant, owner or opponent in a trademark case.

Prior rights

After 1 July, PRV will still examine your application against prior rights, meaning that if you apply for registration of a trademark which is easily confused with, for example, a company or a trademark that someone else already has, we will inform you that there is a hindrance to the registration of your trademark, and give you the opportunity to remove the hindrance. You will receive that information in an official notice.

Reinstatement of a dismissed application

Just as today, PRV will dismiss your application if you do not reply within the time limit that PRV states in the notice. If your application is dismissed, the new act introduces the possibility of having your application reinstated for processing.
Reinstatement of a dismissed application

Reject in full or in part

Today, PRV rejects your entire application even if the hindrance to registration only exists for some of the goods or services you have applied for. From 1 July onwards, PRV will reject your application only to the extent that there is a hindrance.
Rejection of a trademark application

Transfer of an application

If someone else submits an application for registration of a trademark that you consider to be yours, you can request that the application be transferred to you. In that case, you are required to show that you have better rights to the mark applied for than the person who has applied for it.
Transfer of an application

Administrative revocation

The new act and regulation contain provisions for administrative revocation. Administrative revocation is an easier procedure for revocation of a trademark registration and means that instead of applying for a summons in the district court, you can request that PRV revokes a registration.
Administrative revocation

Three month time limit for opposition/revoke in full or in part

If PRV approves your application for registration of a trademark, public notification is then given to allow for any opposition to the mark. That means information about you as the owner and about the registered mark are made public in the Swedish Trademark Gazette. Anyone who believes the mark should be not be registered has the opportunity to oppose it within three months of the public notification date and request that the registration be revoked. PRV will then, if there is a hindrance, revoke the registration in full or, if the hindrance only exists for some goods or services, in part.

Surnames

Today, as a rule, a surname always constitutes a hindrance to the registration of a trademark if the applicant cannot show authorization to use the name. From 1 July onwards, this provision will be amended in such a way that a surname will constitute a hindrance to registration in far fewer cases than today. The new provision also means, therefore, that anyone who has a distinctive surname must themselves, to a greater extent than today, monitor and make sure that no one else registers the name as a trademark.
Surnames

Artist names and similar names

Artists, athletes and others who have made their name known among the general public have some protection against their name being registered as a trademark. However, even with regards to those names there can be reason for the owner of the name to themselves, to a greater extent than today, monitor their rights.
Artist names and similar names

Collective, guarantee or control marks

Provisions for collective marks have been amended. Among other things, a collective, guarantee or control mark can be registered even if it only states geographical origin and therefore lacks distinctive character. It is important to note that the owner cannot hinder someone else from, in accordance with good business practice, using the mark or title which states geographical origin.

Disclaimer – explicit exception for one part of a trademark from protection

PRV can, in certain exceptional cases, explicitly state in a registration that one part of a mark is not protected. PRV then registers a disclaimer. From 1 July 2011 onwards, PRV will register disclaimers in fewer cases than today.
Disclaimer

Renewal of registration, even by someone other than the owner

A registration is valid from the day the application for registration is received by PRV and for ten years from the date of registration. After that, the registration can be renewed for further ten-year periods. The number of periods is not limited. It is important that the application for renewal is received by PRV at the latest six months after the registration period's expiry. Please note that the fee is higher if the application is received after the ten-year period has expired. The new act sets no requirement for the application for renewal to be made by the owner.
Renewal of a trademark

Agents and service

The new act introduces provisions for service agents. The owner of a trademark registration who is neither resident nor running a business in Sweden, must notify PRV of a service agent resident in Sweden. If you are the owner but resident abroad and have not notified PRV of an agent in Sweden, you are regarded as having been served a notice when it has been sent to the address stated in your trademark registration.

Appeals

A final decision by PRV can be appealed against to the Court of Patent Appeals within two months of the date of the decision. This provision has been amended so that even those other than the applicant can appeal, if the decision goes against the complainant. For administrative revocation, special rules apply for appeal and recovery.
Appeals

Amendment to the Secrecy Act

Confidentiality in trademark cases

One party, meaning the applicant, opponent or owner, can request that confidentiality applies for a piece of information in a trademark case. In order for confidentiality to apply, that information is required to relate to business or operating conditions. Information about the party, such as name or address, cannot therefore be kept secret. Neither can information which is relevant to the assessment of a trademark's validity or the scope of protection be kept secret. In order to keep information confidential, it must be possible to assume that the person the information is about would suffer significant harm if it was disclosed