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Is there a time frame for the trademark registration approval?
The average time frame for the registration approval is 5 months, if no objections or oppositions arise.
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If I register my trademark in Sweden, do I have protection in other territories?
No. Sweden is the territorial limit.
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Do I need to sign a Power of Attorney?
A power of attorney is not a requirement unless the applicant wants to change attorney or needs to respond to an official request.
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Are there any benefits from a pre-filing use of the trademark?
There are minimal benefits from pre-filing use of a mark. The applicant may show the distinctiveness of the mark and overcome oppositions on the ground of non-distinctiveness.
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Will there be problems in case I don’t use my trademark after registration?
Yes. Your registered mark will be cancelled if it is not in use.
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What are the types of trademark that can be registered in Sweden?
Marks that can be represented graphically and can show the difference of a product or service from its counterparts are registrable:
- Words
- Holograms
- Names
- Trade dress
- Devices
- Smell
- Shapes (3-dimensional)
- Sounds
- Colours
- Slogans
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What are the phases of application after a trademark has been filed in Sweden?
There are 3 phases of trademark application in Sweden:
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Examination – Formality, clarity, distinctiveness, descriptiveness, classification, deceptiveness and potential conflicts will be examined by the trademark authorities. Compliance during this phase is extremely necessary in order to avoid refusals which will make the procedures complicated and lengthy.
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Registration – A registration of the mark will be granted and will be published so that third parties will have the chance to oppose.
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Publication – The details of the mark will be published such as the mark, name, address, date, application number, goods/service, priority claim and representation.
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Are there any types of trademark that cannot be registered?
The following marks are banned from registration:
- Marks that go against standards of morality and /or public policy
- Terms or words that have a general meaning
- Marks that contain unauthorized names, symbols or flags of regions, states, nations and international organizations
- Marks that lack acquired distinctiveness
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Does Sweden use the "Nice Classification" system?
Yes. This jurisdiction uses the Nice Classification system.
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Does the Community Trademark apply for Sweden?
Yes. Community Trademark registration is effective in Sweden. Note that Community Trademark is now called European Union Trade Mark.
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Is there any possibility to claim priority in Sweden?
Yes. It is possible to claim the filing date in your home country as the filing date in Sweden if the following pre-requisites are met:
- The filing date in your home country occurred within the past 6 months prior to the date of application in Sweden
- Your home country is a signatory of the Paris Convention
- Your home country is a member of the WTO (World Trade Organization)
- The international registration can be based in Sweden
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What do I need to do to satisfy the use requirement?
You have to use the mark within 5 years from the date it was registered. You must use it in Sweden and must be for business purposes.
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Once my trademark has been registered, for how many years will be valid?
Registered marks in Sweden are initially valid for 10 years.
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What will be the renewal date of my trademark?
The first renewal will take place 10 years from the date the registration was granted.
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Is it legal to use my trademark even if it is not yet registered?
Yes. Using an unregistered mark for selling of goods or service is legal in this jurisdiction.