The Swedish Patent and Registration Office (PRV) has joined the Madrid e-filing system. This update, which has recently been implemented, allows international trade mark registrations based on Swedish marks to be filed and administered through an online portal provided by the World Intellectual Property Organization (WIPO).
The update is a positive change for businesses, as it significantly eases the process of using Sweden as the basic application and provides for quicker and easier access to information. All communication between the applicant, PRV and WIPO can now be made through the portal, including the payment of fees.
WHEN TO FILE FIRST IN SWEDEN INSTEAD OF THE EU
While filing an EU trade mark application (EUTM) is the most cost-efficient alternative for protecting a mark across the entire EU territory, there are situations where a Swedish trade mark application should be considered.
- Local Focus: If a business operates solely within Sweden and has no plans to expand beyond its borders, a Swedish trade mark application is a suitable option.
- Prior Examination: PRV’s examination report identifies similar prior rights, including EUTMs, and businesses can use this report to gauge potential risks before filing in the EU.
- Conflicting National Rights in the EU: If there are known conflicting national rights within the EU, a Swedish application can be used as the basis for an international registration to circumvent these conflicts, thereby reducing the risk of a central attack.
- Quick Processing Time: The processing time from application to grant is relatively quick in Sweden, often providing faster protection.
- Notification to Earlier Right Holders: Unlike the EUIPO, the PRV does not notify earlier right holders if a conflicting mark is cited. This could result in fewer challenges and a smoother registration process.
The integration of Sweden into the Madrid e-filing system is a significant advancement for Sweden-based businesses seeking international trademark protection and a further reason to consider national filing in Sweden. By understanding the specific advantages of filing a Swedish trade mark application, businesses can make informed decisions that best suit their trade mark filing strategy.
