Here are the answers to some common questions about the new Trademarks Act (2010:1877):
Why has a new Trademarks Act been passed?
The new Trademarks 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 act, 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 transferred. 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 act.
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.
New Trademarks Regulation
A new Trademarks Regulation (2011:594) with additional rules and directives for application has been prepared and will enter into force on 1 July 2011.
Applications for registration of a trademark, renewal of a trademark registration and requesting a register entry are subject to the same fees as before. The fee for an application for administrative revocation of a trademark registration has been set at 450 SEK, while the reinstatement fee for dismissed applications has been set at 500 SEK.
Questions about service
A notice from PRV that someone has applied for administrative revocation of a registration is served in the manner that applies for the service of a writ in a civil suit (Service Act 2010:1932). Authorized service recipients are the owner themselves (a physical person) or a person who has the right to represent the owner (either a physical or a legal person). PRV will serve authorized representatives for legal persons according to the Service Act. If the owner has an agent, the agent must be authorized to receive documents in order for them to be a service recipient. Authorization for an agent must be shown using a written power of attorney.
Where do I turn if I have questions about the new act?
PRV will continuously present information on its website. If you have more specific questions, please feel free to contact our customer service.
Where can I find the new act and regulation?
The Trademarks Act (2010:1932) and the Trademarks Regulation (2011:594) are available on the parliament's website. You can find PDF versions of both below.
The Trademarks Act (in Swedish)
The Trademarks Regulation (in Swedish)