Proof of use
If someone opposes to your trademark registration, you can request for the opponent to show proof of use of their trademark registration.
The earlier trademark can be a national trademark, an international registration valid in Sweden or the EU, or a community trademark. The condition is that the earlier registration has entered into force at least five years prior to the priority date of the later trademark. A request must be written, clear and unconditional.
Submitted proof must be fully clear and exact for the other party to defend their right and for PRV to be able to try the evidence. PRV then makes an overall assessment of the submitted material.
The factors to be proved are:
The earlier trademark must be registered at least five years before the priority date of the later trademark and been in use within the last five-year period. The trademark need not have been used continuously throughout the period but within it. The proof must be dated, at least to some extent, within the time period in question. Undated material, or material that have been dated outside of the five-year period can only be used to support the proof that has been dated within the period.
The trademark must have been used within the area where it is protected, that is Sweden if it is a national registration or an international registration valid in Sweden, or the European Union if it is a community trademark or an international registration valid in the EU.
The trademark must have been used as a trademark in a business. Examples of proof that can be submitted are invoices or packaging where the trademark is visible, market research and industry certification.
The trademark must have been used in the right form, that is in the same form as has been registered registered. For the owner to adapt to marketing demands etc. use that only differs in details and does not change the distinctiveness of the trademark as “the right form”, is also acceptable.
Goods and Services
The earlier trademark must have been used for the goods and services that the registration covers and that the opposition is based on. If the opposition is only based on part of the earlier registration proof of use only needs to be submitted for those goods and services.
The trademark must have been used to a sufficient extent in regards to the goods and services sold and how it looks in the industry. The owner of the earlier trademark can show sales volumes and for how long and how often the trademark has been used.