SWEDEN Law and Practice Contributed by: Helena Rönqvist, Magnus Jonson, Vilma Slättegård and Anna Karlsson, Magnusson Law
2.5 Trade Mark Rights and Limitations Scope of Protection Upon registration of a trade mark, or upon acquisi- tion of protection through establishment, the owner obtains the exclusive right to use the mark for com- mercial purposes in connection with the goods or services for which it is protected. No third party may, without the owner’s consent, use an identical or con- fusingly similar sign in relation to identical or similar goods or services. The scope of protection is determined by reference to the likelihood of confusion. The trade mark owner may prevent the use of identical or similar signs for identical or similar goods or services where such use gives rise to a risk of confusion on the part of the relevant public. Limitations The exclusive right is, however, subject to certain limi- tations. It does not prevent: • the use by a person of his or her own name or address; • the use of descriptive indications concerning the characteristics of the goods or services; or • referential use of the trade mark, for example, for the purpose of identifying compatible spare parts or accessories. Where trade marks have coexisted on the market, the prospects of a successful infringement claim are diminished. If the owner has acquiesced in such coex- istence for a continuous period of five years, the right to bring an infringement claim is forfeited. 2.6 Trade Mark Enforcement and Remedies Infringement – General The exclusive right to a trade mark means that no one other than the proprietor may, without the proprietor’s consent, use a sign in the course of trade for goods or services if the sign is: • identical to the trade mark and is used for goods or services of the same kind; • identical to or similar to the trade mark and is used in relation to goods or services of the same or similar kind, where there is a likelihood of confu-
Company Names Company names may be protected either by way of registration or through establishment. Registration requires that the company name possesses distinc- tive character, does not exclusively describe the com- pany’s field of activity, and is not liable to be confused with an existing company name or trade mark. An application for registration is filed with the Swedish Companies Registration Office. Registration Process Typical processing times are approximately three months for trade marks and one to two weeks for company names, provided that the application is complete and all necessary documentation has been submitted. During the registration process, third parties may sub- mit observations, which may be taken into account in the examination. Once registration has been grant- ed, third parties may file an opposition within three months from the date of publication. Where an application for registration of a trade mark or company name is refused, the applicant may appeal the decision to the Patent and Market Court. A Swedish trade mark registration is valid for ten years, after which the trade mark must be renewed to remain valid. If the renewal fee is not paid, the registra- tion will lapse, subject to a grace period of six months within which the non-payment may be remedied. A company name registration is not limited in time and does not require renewal. Genuine Use A registered trade mark must be put to genuine use in connection with the goods or services for which it is registered within five years from the date of registra- tion. Genuine use requires that the mark is actually and commercially used in a manner consistent with its essential function. Where the trade mark has not been put to genuine use within the prescribed period, and no proper reasons for non-use exist, any interested party may apply for revocation of the registration. 2.4 Term, Use and Maintenance Term and Renewal Requirements
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