2011-05-30
New Trademarks Act on 1 July 2011
Here are the answers to some common questions about the new Trademarks Act:
Why has a new Trademarks Act been passed?
The new Act makes it possible for Sweden to enter the Singapore Treaty on the Law of Trademarks from 2006. There was also a need to systematically and structurally modernize the old law, which was from the 1960s, to incorporate the development that has since taken place in the area of trademarks.
When does the new Act enter into force?
The new Act enters into force on 1 July 2011.
What exactly is new in the new Act?
The method used in the Act is completely new and logical chapter divisions have been introduced. Among the new factual aspects, the main ones are perhaps the administrative procedure to revoke a registration at PRV, the possibility to reinstate dismissed applications and the possibility to get an application forcibly assigned. The rules of the so-called hindrance directory concerning, among other things, surnames, commonly known artist names and titles, have also been adjusted.
How are previous registrations affected by the new Act?
Registrations that already exist are not affected by the new Act. The new rules, including the rules concerning administrative revocation, cover all trademarks, even those registered according to the old law.
How are ongoing applications affected by the new Act?
The new Act's rules also apply to applications submitted before the new Act enters into force. In some cases, the change in rules can affect the assessment of whether an application can lead to registration. Therefore, in some cases, there is an increased possibility for applicants to request a suspension of examination of an application and that it remains pending until the new Act enters into force.
When will there be a new trademarks regulation?
A regulation with additional rules and directives for application is being prepared and will enter into force on 1 July 2011. No date of issue has been announced.
Where do I turn if I have questions about the new Act?
PRV will continuously present information on its website prv.se in the period running up to 1 July, when the new Act enters into force. If you have more specific questions, please feel free to contact our customer service.