Sweden is known both in Europe and around the world as an advocate of intellectual property rights and is a signatory to almost all international conventions in this area. That is, the IP protection issue is taken very seriously at the state level. Violations in this area are strictly monitored by the State Patent Registration Office (PRV) which is also responsible for the registration of trademarks, patents, and designs. If you plan to register TM in Sweden in the near future, this material may come in handy as it contains answers to frequently asked questions about the regulation of intellectual property rights in Sweden.
How is trademark registration in Sweden carried out?
When planning production or trading activities in Sweden, a company can secure the rights to technologies, solutions for the appearance of products, and commercial designators. Residents and foreign companies are given the opportunity to apply for a patent or certificate through a national service or through international registration systems.
Sweden recognizes the registration of EUTM (European Trademark), as well as the international trademark registration administered by the World Intellectual Property Organization. The country clearly outlines measures against the registration of a trademark, if it can be confused with a trademark used in Sweden or abroad.
After submitting an application for TM registration in the PRV, the registration fee should be paid, and then, if all the documents were filled out correctly, the trademark is registered quickly enough, after which information about this should be published in The Trademark Journal. If no objection has been raised, the trademark shall enter into force on the day of filing the application.
If an applicant uses an agent to apply on his behalf, then a power of attorney is not required, as well as a notarization.
Trademark protection in Sweden is valid for 10 years and can be extended indefinitely.
How to apply for a patent in Sweden?
Swedish legislation in the field of protection of intellectual, industrial and commercial property is fully consistent with international law. When patenting at the national level in Sweden, the following rules should be considered:
- protection is provided to all generally accepted objects of industrial and commercial property - inventions, industrial designs, trademarks, etc .;
- independent regulations apply in the field of protection of official and confidential information of a commercial nature - for example, protection without registration is provided to so-called commercial strategies (know-how, confidential agreements, etc.);
- patenting goes through PRV
To register each type of intellectual property, independent registries are used, which are publicly available on the PRV website.
To confirm the rights to copyright objects, the owner can use the protection mark from the moment the work is created. To do this, use the symbol "C" in a circle, which confirms the integrity of the author. If the indicated symbol is placed by an inappropriate author, civil and criminal liability may follow.
Features of international patenting
In addition to registration through the national PRV service, domestic and foreign applicants can use international procedures:
- since Sweden is a member of the European Union, the applicant can obtain a European patent - it is issued on the basis of a single application, and protection will apply immediately to all the EU states (for most EU countries, an additional validation procedure will have to be completed, i.e. translation of application documents);
- You can obtain a patent under the PCT program - in this case, according to a single application, you can choose any number of world states that have signed the PCT (Patent Cooperation Treaty);
- You can also issue rights to commercial designations (trademarks) on an international application - the provisions of the Berne Convention are used for this.
The option with international registration is optimal for companies that plan their activities in several countries. The national PRV service registers such objects after passing all examinations at the international level.
An international application can be filed not only through PRV, but also through national patent services at the place of registration of the applicant. However, there is an important rule of representing the interests of foreign applicants - all actions must be carried out through patent attorneys accredited in PRV (for national applications), or in the relevant international structures.
The scope of powers for holders of national and international patents or certificates will be the same, with the exception of the territory of legal protection.
The IQ Decision UK team will provide comprehensive legal support in trademark registration in Sweden or Europe. Contact us directly by filling out the form below.