Appeals
A final decision by PRV can, according to the Trademarks Act, be appealed against to the Court of Patent Appeals within two months of the date of the decision. This provision means that the final decision in such cases as the registration of a new owner can be appealed against and, as clearly shown by the Administrative Procedure Act, that such a decision can be appealed against by the person who the decision concerns, if it has gone against him or her. A decision to register a new owner can, therefore, be appealed against by the previous owner even if he or she is not the applicant in the case.
A final decision in a case regarding the registration of a trademark can only be appealed against by the applicant. The same applies for a final decision in a case regarding whether an international trademark registration should be valid in Sweden.
A final decision based on opposition to a registration can only be appealed against by the owner of the trademark and by the opponent.
For decisions in cases regarding administrative revocation of a registration, special rules apply, meaning the above-mentioned provision does not apply.
A decision regarding administrative revocation cannot be appealed against. Instead, the owner has the possibility of applying for recovery, meaning applying to get their registration back.
A decision by PRV to refer a case regarding administrative revocation to the district court cannot be appealed against. Neither can a decision to dismiss on the grounds that the applicant did not request a referral to the district court in time.
Other decisions in cases regarding administrative revocation can be appealed against to the district court within three weeks of the date of the decision. The general rules regarding the jurisdiction of courts in civil suits apply. In the event that no court has jurisdiction according to the Judicial Code, Stockholm's District Court constitutes a so-called reserve forum.
