Region: Sweden

Lancôme denied registration in ‘harsh’ decision

The Court of Patent Appeals has rejected Lancôme's appeal of a refusal to register the mark MAGNIFIQUE for goods such as perfumes and cosmetics. Among other things, the court held that Swedish consumers would perceive MAGNIFIQUE as an estimation of value and quality, rather than a trademark. This ruling might seem harsh, since Lancôme’s international registration for MAGNIFIQUE has been accepted in 52 other countries

23 January 2012

Relevant public does not consist only of users of the product

The Swedish Court of Patent Appeals has issued its decision in an appeal by Kabushiki Kaisha Sony Computer Entertainment over a refusal to register a 3D trademark representing the hand control for its PlayStation 2 gaming console. Among other things, the court rejected Sony’s claim that the relevant public consisted of the registered PlayStation users, since most users were reported to have bought a PlayStation themselves.

31 October 2011

New Trademark Act comes into force

The new Trademark Act (2010:1877) has come into force, replacing the old Trademark Act (1960:44) and the Collective Marks Act (1960:45). Among other things, a new procedure making it easier to cancel and annul registrations on the grounds of non-use has been introduced.

13 September 2011

Swedish designer successful against major US fashion brand

The Swedish Court of Patent Appeals has ruled that there was no likelihood of confusion between the trademarks DKNY and DONNA KARAN NEW YORK on the one hand, and the trademark BY KNY on the other. Among other things, the court held that DKNY and DONNA KARAN NEW YORK were not sufficiently established on the Swedish market.

19 May 2011

Court of Patent Appeals refuses to extend protection of international mark

The Swedish Court of Patent Appeals has held that there was a likelihood of confusion between the international trademark CASCADE and the Community trademark CASCADE BIOLOGICS. Among other things, the court found that the goods covered by both marks were intended for use in the medical field and could be used by medically trained personnel who are in contact with patients.

27 April 2011

Court clarifies level of protection of business names in relation to trademarks

The Supreme Administrative Court has held that there was no likelihood of confusion between Gucci’s well-known GG monogram and the company name of sole trader GG Sömnadsindustri. Among other things, the court clarified that two-letter combinations used as business names have a limited scope of protection.

14 April 2011

Paintings cannot be registered as figurative trademarks

The Court of Patent Appeals has issued its decision in a case involving the use of paintings as figurative trademarks for food and beverages. With regard to two of the marks, the court found that they would be viewed purely as a decorative element. However, the third mark, which included a word element, could function as a trademark.

04 February 2011

'Prancing horse' marks can continue to coexist

In <i>Ferrari SpA v Oenoforos AB</i>, the Courts of Patent Appeals has upheld a decision of the Patent and Registration Office in which the latter had found that a figurative trademark consisting of the words 'Via del Campo' and the image of a prancing horse was not confusingly similar to Ferrari SpA's prancing horse mark.

01 February 2011

Online sales of counterfeit goods held to be subject to VAT

The Administrative Court of Appeal has held that a couple who had sold counterfeit goods on Sweden's largest online auction site were liable to pay VAT on all sales. The decision is significant in that it provides a new tool to prevent the trade of counterfeit goods on the internet.

17 November 2010

Albihns.Zacco's expulsion from SEPAF highlights merger challenges

Albihns.Zacco AB has been expelled from the Association of Swedish Intellectual Property Law Firms (SEPAF) for breach of the organisation’s ethical rules. The decision highlights some of the issues that can arise from IP firm mergers.

12 November 2010

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