Varumärkeslagen

Varumärkeslagen is the Swedish statute that governs trademarks in Sweden. It provides the framework for the acquisition, protection, and enforcement of trademark rights, and is interpreted in light of European Union law and international agreements. The Swedish Patent and Registration Office (PRV) administers the registration and maintenance of national trademarks under this act, while courts handle disputes and revocation actions.

A trademark under varumärkeslagen is a sign that can be represented graphically and is capable of distinguishing goods or services of one undertaking from those of others. Signs may include words, logos, pictures, colors, shapes, or sounds, alone or in combination. Registrability requires that the mark has distinctive character and is not devoid of individual character, is not generic or merely descriptive for the designated goods or services, and does not conflict with public policy or misleading of consumers. There are also relative grounds for refusal if an earlier mark risks confusion with the proposed mark.

The application process typically involves formal examination, a similarity/search assessment, and, where applicable, opposition from third parties. If registrable, the mark is registered for the specified classes of goods or services. The owner obtains exclusive rights to use the mark in Sweden for the registered purposes, with licenses and assignments possible.

Protection lasts ten years from the filing date and can be renewed indefinitely in ten-year increments. Protection can be lost through non-use for a prescribed period, or can be challenged on grounds such as invalidity or misuse. Infringement includes unauthorized use that causes confusion or damages the mark’s distinctiveness, with remedies including injunctions, damages, and, in some cases, criminal penalties.

Varumärkeslagen interacts with EU trademark law and other IP statutes, and is implemented and interpreted by PRV and the Swedish courts.