– Trademarks Act (2010:1877), as amended up to Act (2020:545).
– Trademarks Regulation (2011:594), as amended up to Regulation (2018:1840).

– Paris Convention for the Protection of Industrial Property, Stockholm Act.
– Madrid Agreement for the Repression of False or Deceptive Indications of Source of Goods.
– Nice Agreement concerning the International Classification of Goods and Services, Geneva Act, since July 28, 1961.
– Convention Establishing the World Intellectual Property Organization (WIPO), since April 26, 1970.
– Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks, since August 9, 1985.
– WTO’s TRIPS Agreement, since January 1, 1995.
– Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol), since December 1, 1995.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since May 1, 1999.
– European Union Trade Mark Regulation.
– Singapore Treaty on the Law of Trademarks, since December 16, 2011.

Applicant: all physical or legal persons are entitled to acquire trademark protection.

Foreigners and nationals who have neither a domicile nor a real and effective industrial or commercial establishment in Sweden: have to (if requested by the Swedish Trademark Office) appoint a representative resident in Sweden when applying for a trademark registration and must appoint a representative resident in Sweden when being the owner of a Swedish trademark registration.

Kinds of trademarks: any sign which can, in a clear way, be represented in the Trademark Register, in particular words, including personal names, as well as designs, letters, numerals, colors, sounds and the form or shape of a product or its packaging, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings.

Service marks: registrable.

Novelty: the mark applied for must not conflict with a trademark or a trade name previously registered or established in Sweden as another’s mark, nor with names used as trade symbols, provided the name is distinctive.

Exceptions to protection: (a) signs which cannot constitute a trademark; (b) trademarks which are devoid of any distinctive character; (c) trademarks which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin, or the time of production of the goods or of rendering of services, or other characteristics of the goods or services; (d) trademarks which consist exclusively of signs or indications which have become customary in the current language or in the bona fide and established practices of the trade; (e) signs which consist exclusively of: (1) the shape which results from the nature of the goods themselves; (2) the shape of goods which is necessary to obtain a technical result; (3) the shape which gives substantial value to the goods; (f) trademarks which are contrary to public policy or to accepted principles of morality; (g) trademarks which are of such a nature as to deceive the public, for instance as to the nature, quality or geographical origin of the goods or service; (h) marks containing, without authorization, such national or international emblems or such municipal coats of arms as, by law, may not be used as trademarks without permission or anything easily confusable therewith; (i) marks that are identical with an earlier trademark if the goods or services for the mark are identical with the goods or services for which the earlier trademark is protected; (j) marks that, because of its identity with, or similarity to an earlier trademark and the identity or similarity of the goods or services covered by the trademark, there exists a likelihood of confusion, including the risk for likelihood of association with the earlier trademark; (k) marks that, because of its identity with, or similarity to, an earlier trademark that is known within a substantial part of the relevant public, when used, would take unfair advantage of, or without due cause be detrimental to the distinctive character or repute of the earlier trademark; (l) a mark that may be confused with a trademark that is used in Sweden or in another country at the time of the application and that is still in use, if the applicant was in bad faith at the time of application; (m) marks confusable with a prior registration or application for an international registration according to the Madrid Protocol; (n) marks confusable with a prior registration or application for a European Union Trademark; (o) the obstacles under (i – k) apply mutatis mutandis to a registered Swedish company name used in business and a name used as trade symbol, provided the name is distinctive for the relevant goods or services that it is used for; (p) marks that violate another’s copyright in a literary or artistic work or another’s right to a photographic image or design; (q) marks containing anything likely to be interpreted as another’s company name; (r) marks containing anything likely to be interpreted as another’s surname, generally known artist’s name, or similar name if the use of the trademark would lead to a disadvantage of the carrier and provided that it does not obviously refer to a person long since deceased; (s) a picture of someone else provided that it does not obviously refer to a person long since deceased; (t) marks that contain or consist of something that is likely to be perceived as a geographical indication for wine or spirits if it refers to wine or spirits of a different origin. (The obstacles under (i) – (t) may be overcome by consent of the owner of the right).

Classification: registration in 34 classes (1-34) of goods and 11 classes (35-45) for services (International Classification system under Nice Agreement 1957). One and the same application for registration or renewal may cover several classes, but for each additional class a fee must be paid.

Priority: six months according to the Paris Convention. The priority document must only be filed at the Examiner’s request.

Filing requirements for an application:
1. The applicant’s name or company name and address;
2. The representative’s name and address, if any;
3. A clear reproduction of the mark;
4. Information about the goods/services and to which classes they belong;
5. The application fee must be paid;
6. Applications for collective, guarantee and certification marks shall, in addition to the above, include the conditions that apply to the trademark in order to be used.

Electronic filing: available. Fees may also be paid electronically on www.prv.se

Covers formal requirements, registrability per se of the mark applied for and conflicting earlier rights.

Publication: if there are no obstacles to registration the Swedish Trademark Office shall record the mark in the Trademark Register and publish the decision. If an application has been partially refused, the mark shall be recorded in the Trademark Register and published for the remaining goods and services when the decision is final. When a collective, guarantee and certification mark is registered an indication of the conditions that apply to the registration shall be recorded in the Register and then published.

Opposition: anyone who wants to lodge an opposition must do so in writing within three months from the day of publication of the registration.

Duration: registration is granted for ten years from the date of registration.

Renewal: may be applied for one year at most before the due date or within six months after the expiration of the registration. Each renewal period is ten years. A renewal fee must be paid, the fee is higher if renewal is applied for after the expiry of the registration period.

Marking of registered goods: not compulsory, but usual.

Text of marking: “Registrerat Varumärke” or “®” or “TM” symbol.

Kind of property: in principle, registration confers property rights and is, in some respects, favored to rights established by extensive use of an unregistered mark in Sweden.

Use of trademarks: if the trademark owner has not made genuine use of the mark in Sweden for the relevant goods and services for the past five years, a registration may be cancelled. A cancellation of a trademark can either be handled administratively by the Swedish Trademark Office or, if the request for cancellation is opposed, by a civil court. A cancellation may be total or partial.

Rights of prior user: provided for.

Cancellation: a trademark registration may be cancelled after civil action before a court and it is also possible to apply for partial cancellation. Administrative cancellation is possible in some cases, see “use of trademarks” above.

Penalty for infringement: fine or imprisonment and compensation for use and damages.

Assignment: may be done separately or in connection with a transfer of business in which it is used. An assignment may, if requested, be registered in the Trademark Register and be published. The person requesting the registration shall pay the fee. The person registered as the owner of the trademark in the Trademark Register shall be considered to be the owner of the trademark in question.

Licenses: may, if requested, be registered in the Trademark Register and published. The person requesting the registration shall pay the fee. The validity of the license is not dependent on the registration.

Filing requirements for conversion of an EUTM application into a national application in Sweden:
1. Conversion is possible only if and when there is a valid EUTM application;
2. The request for conversion shall be filed with the European Union Trademark Office (EUIPO);
3. Fully paid application fee (200 €);
4. An additional application fee for the national registration. Depends on the number of classes the trademark is registered in;
5. Must be filed in the language in which the application was filed or in the second language indicated therein;
6. A translation of the list of goods/services into Swedish;
7. An applicant not domiciled in Sweden must appoint an agent.

Time limit: a general time limit of three months for requesting conversion. The start of the time limit depends on the ground for conversion. The time limit may not be extended.