Trade mark rights

Trade mark rights give the trade mark proprietor the exclusive right to use the mark as a symbol for products or services. A business operator can use a trade mark to distinguish and highlight his or her products in relation to other products on the market. Trade marks also serve an important function for consumers by making it easier to identify products. Provisions concerning trade marks are primarily found in the Trade Marks Act.

How trade mark rights are established

The exclusive right to a trade mark can be obtained by registering the mark in a public register. Registration with effect in Sweden can be made with the following agencies:

• The Swedish Patent and Registration Office
• The EU trade mark office in Alicante
• The World Intellectual Property Organisation in Geneva

Another way to obtain an exclusive right to a trade mark is through acceptance. Acceptance is gained by such extensive use of the trade mark that it becomes known here in the country, among a substantial part of the group it targets, as a symbol for the products or services it is used for.

What trade mark rights mean

The exclusive right to a trade mark means that no other person involved in business activities can use a trade mark that can be confused with the protected trademark for products or services of the same or similar kind. Beyond this general protection there is more comprehensive protection for trade marks that are highly regarded in Sweden.

Normally, the exclusive right to use a trade mark for a certain product only applies when that product is introduced in the market for the first time. Once that occurs, the trade mark proprietor loses the right to prevent someone else from using the trade mark in future sales of that particular product.

An exclusive right that is based on registration applies throughout Sweden, while an exclusive right that is based purely on acceptance applies in the area where this acceptance occurs. Exclusive rights can be purchased, sold or pledged. Further, the trade mark proprietor can give someone else a limited right to use the mark (license), for example in a specific geographical area.

How trade mark rights cease to be in effect

Trade mark registration lasts for ten years, but registration can be renewed an unlimited number of times. Accordingly, exclusive rights to a trade mark are not limited in time, but in principle can last indefinitely.
The exclusive right to a trade mark can, however, cease to be in effect if one of the following occurs:

• the trade mark registration is cancelled after an objection to the registration authority or after court proceedings
• the registration holder requests that it be removed from the trade mark register
• the trade mark is no longer so well known that it can be considered accepted

Penalties

The rules for protection of trade marks include penalties. There are, for example, provisions on criminal liability and liability for damages for anyone who infringes on someone else´s exclusive right to a trade mark. Further, a court can order certain protective and security measures.