Best Trademark Lawyers in Borgholm

About Trademark Law in Borgholm, Sweden

Trademarks protect the names, logos, slogans, and other signs that distinguish your goods and services from those of others. In Borgholm and across Sweden, you can obtain protection by registering a national trademark with the Swedish Intellectual Property Office, known in Swedish as Patent- och registreringsverket or PRV. You can also seek an EU trade mark through the European Union Intellectual Property Office, which gives protection in all EU member states, or extend protection internationally through the Madrid System administered by WIPO.

Trademark law in Sweden is national, but it is harmonized with EU law. That means the same core principles apply whether you run a small hotel in central Borgholm, sell artisan food products on Öland, or operate an online shop shipping across the EU. Registration gives you exclusive rights to use the mark for the goods and services covered, to stop others from using confusingly similar signs, and to build brand value that can be licensed, franchised, or sold.

Unregistered trademarks can acquire protection in Sweden if they become established through use in a significant part of the country. However, registration is usually the safer and more predictable route because it provides clear, nationwide rights and a public record of your ownership.

Why You May Need a Lawyer

Choosing and clearing a mark. A lawyer can conduct proper clearance searches and assess risks, including conflicts with earlier trademarks, company names, and domain names. This can prevent expensive rebranding later.

Filing strategy. An adviser can help decide whether to file in Sweden, the EU, or internationally, and how to describe your goods and services using the Nice Classification so your coverage is neither too narrow nor overbroad.

Responding to PRV objections. If PRV raises absolute grounds objections such as lack of distinctiveness or descriptiveness, a lawyer can craft arguments, propose limitations, or gather evidence of acquired distinctiveness.

Oppositions and disputes. If a third party opposes your application or alleges infringement, legal representation is important for defending your rights or negotiating coexistence agreements and settlements.

Enforcement and remedies. Infringement actions, preliminary injunctions, damages, customs seizures, and take-downs on online marketplaces all benefit from professional guidance and evidence planning.

Commercial deals. Assignments, licenses, franchise agreements, and collaborations should be drafted to secure ownership, quality control, and recordal with PRV so that rights are effective against third parties.

Brand portfolio management. Monitoring for conflicting filings, docketing renewals, and navigating revocation for non-use or invalidity proceedings can be streamlined with legal support.

Domain name and social media issues. Counsel can help with .se domain disputes through alternative dispute resolution and with platform policies for impersonation or counterfeit products.

Local Laws Overview

Core legislation. Swedish trademark law is primarily governed by the Trademarks Act 2010:1877 and the Trademarks Ordinance 2011:594, aligned with EU rules. Company names are governed by the Company Names Act 2018:1653. Enforcement of IP rights is handled by specialized courts.

What can be protected. Words, logos, 3D shapes, sounds, motions, multimedia, patterns, positions, and colors can be registered if they are distinctive and can be represented in a clear and precise way. Purely descriptive or generic terms are not registrable unless they have acquired distinctiveness through use. Geographic names such as Borgholm are generally not registrable for goods or services where the name would indicate origin.

Examination and opposition. PRV examines applications for absolute grounds. If accepted, the application is published and third parties have three months to oppose based on earlier rights. If there is no opposition and no outstanding objections, registration follows.

Relative grounds and earlier rights. Conflicts can arise with earlier Swedish trademarks, EU trade marks, international registrations designating Sweden or the EU, established unregistered marks, and company names registered with Bolagsverket. Thorough clearance reduces these risks.

Duration and renewal. Registration lasts 10 years from the filing date and is renewable for further 10 year periods. There is no requirement to submit proof of use at renewal, but the use requirement still applies.

Use requirement and revocation. If a mark is not put to genuine use in Sweden within five years after registration, or if use is interrupted for five consecutive years, it can be revoked. Use can be by the owner or with the owner’s consent, and must match the registered form or an equivalent form that does not alter distinctiveness.

Invalidity. A mark can be invalidated if it was registered contrary to absolute grounds, or in conflict with earlier rights. Revocation and invalidity can often be handled before PRV through administrative proceedings, or before the courts in more complex disputes.

Enforcement. Civil actions are brought before the Patent and Market Court in Stockholm, with appeals to the Patent and Market Court of Appeal. Remedies include injunctions, damages, destruction or recall of infringing goods, and information orders. Criminal liability can apply in cases of intentional infringement. Swedish Customs, Tullverket, can detain suspected counterfeit goods if you file an application for action.

Language and representation. PRV proceedings are in Swedish. Foreign applicants usually can file through local representatives. Applicants without an address for service in the EEA may need to appoint one for certain proceedings. Professional representation helps ensure proper communication and deadlines are met.

Online and domain names. .se and .nu domain name disputes can be handled through alternative dispute resolution. Trademark owners can also act against infringing usernames and listings on marketplaces and social platforms using rights enforcement programs.

Frequently Asked Questions

What is the difference between a Swedish trademark and an EU trade mark?

A Swedish trademark registered with PRV protects you in Sweden only. An EU trade mark registered with EUIPO protects you across all EU member states with a single registration. If you operate mainly in or around Borgholm and Sweden, a national filing may be sufficient. If you plan to sell across multiple EU countries, an EU trade mark can be efficient, but it can also be blocked by earlier rights anywhere in the EU.

Can I protect my brand without registration in Sweden?

Yes, unregistered marks can acquire protection if they become established among relevant consumers in a significant part of Sweden through use. However, proving establishment can be demanding and geographically limited. Registration provides clearer, stronger, and nationwide protection, which is usually preferable.

How long does it take to register a trademark with PRV?

If there are no objections or oppositions, registration can often be completed in about 6 to 9 months. If PRV raises objections or if a third party files an opposition, the timeline can be longer. Using accurate classifications and having a cleared mark can reduce delays.

What types of signs can I register?

Words, logos, slogans, position marks, patterns, colors, sounds, motion and multimedia signs, and 3D shapes can be registered if they are distinctive and not descriptive for the goods or services. Marks that consist exclusively of a shape or other characteristic necessary to obtain a technical result or that gives substantial value to the product are not registrable.

Will PRV check for earlier conflicting trademarks?

PRV examines absolute grounds like distinctiveness. Relative grounds such as conflicts with earlier rights are primarily assessed through the opposition system after publication. This is why doing your own clearance search or hiring a lawyer for a comprehensive search before filing is important.

What is the use requirement and how do I avoid revocation?

You must put your mark to genuine use in Sweden within five years after registration and not interrupt use for five consecutive years. Keep records such as dated invoices, marketing materials, website analytics targeting Sweden, and photos of product packaging. Use in a slightly updated logo form can count if it does not alter the distinctive character.

Should I file for a Swedish mark, an EU trade mark, or use the Madrid System?

Choose a Swedish filing if your market is primarily Sweden. Choose an EU trade mark if you operate across several EU countries and want one registration. Use the Madrid System to extend a Swedish or EU base registration or application to multiple other countries in a flexible way. A lawyer can align the filing route with your business plan and budget.

Can I use Borgholm or Öland in my trademark?

Geographic names are often refused for goods or services that could reasonably originate from that place because consumers may view them as indicating origin. For example, Borgholm for a hotel or food products may be descriptive. There can be exceptions when the name is used in a distinctive way and not as an indication of origin, but this is case specific.

What if a designer created my logo - who owns the rights?

Ownership depends on your contract. Ensure your agreement with the designer assigns all intellectual property rights to your company and allows you to register the design as a trademark. Keep copies of the contract and any transfer documents, and record the assignment with PRV for clarity against third parties.

How do domain names and social media names relate to trademarks?

Owning a domain or handle does not give you trademark rights by itself. A registered or established trademark can help you recover confusing domain names through .se or .nu alternative dispute resolution and can support take-downs or complaints on platforms. It is smart to coordinate trademark filing with domain and account registrations.

Additional Resources

Swedish Intellectual Property Office PRV. The national authority for trademark applications, oppositions, renewals, and administrative revocation or invalidity. Provides guidance on filing requirements and classifications.

European Union Intellectual Property Office EUIPO. The EU authority for EU trade marks and designs, useful if your business targets multiple EU countries.

World Intellectual Property Organization WIPO. Manages the Madrid System for international trademark registrations and provides global IP information.

The Swedish Internet Foundation. Oversees .se and .nu domains and provides information on alternative dispute resolution for domain name conflicts.

Swedish Customs Tullverket. Handles applications for action to detain suspected counterfeit goods at the border to protect trademark owners.

Swedish Companies Registration Office Bolagsverket. Registers company names that can conflict with trademarks and offers name availability checks.

Patent and Market Court and Patent and Market Court of Appeal. Specialized courts for trademark and marketing law disputes in Sweden.

Borgholm Municipality business services. Local support for entrepreneurs and SMEs in Borgholm, including guidance on starting and expanding a business.

Almi and regional business advisors in Kalmar County. Provide advisory services and financing that can include support for IP strategy as part of business development.

Next Steps

1 - Define your brand and scope. Identify the names, logos, and slogans you plan to use, the goods and services you offer, and where you plan to sell in the next three to five years. Decide whether you need protection in Sweden only or also across the EU or beyond.

2 - Conduct clearance. Search PRV, EUIPO, and publicly available databases for earlier trademarks, check company names with Bolagsverket, and review domain names and marketplace listings. A lawyer can perform professional clearance and risk assessment.

3 - Prepare your filing. Choose the correct owner entity, pick appropriate Nice classes and precise specifications, and gather image or sound files if needed for non-traditional marks. Consider filing both a word mark and a logo to cover different use scenarios.

4 - File and track. Submit your application to PRV or EUIPO, monitor for examination reports, and respond on time. After publication, watch for oppositions and consider negotiating coexistence agreements if needed.

5 - Put the mark to use. Use your mark as registered on packaging, websites targeting Sweden, signage, and marketing materials. Keep dated evidence to prove use later if challenged.

6 - Build an enforcement plan. Set up monitoring for conflicting filings and online misuse, draft a template cease and desist letter, and consider a customs application with Tullverket if counterfeiting is a risk.

7 - Manage your portfolio. Record assignments or licenses with PRV, docket renewal dates every 10 years, and review your coverage as your business expands to new goods, services, or markets.

If you need legal assistance in Borgholm or the wider Kalmar region, consult a trademark lawyer who can adapt these steps to your specific situation, represent you before PRV or EUIPO, and coordinate cross-border protection where necessary.