In a judgment of 27 February 2019, the Swedish Patent and Market Court of Appeal (PMÖD) stated that a registration of a trademark in black and white cannot in itself result in protection in relation to all colour combinations. This is a turnaround of the practice established in Sweden since the 1960’s. The PMÖD has, unlike the Patent and…

In a recent case from the Swedish Patent and Market Court, the court dismissed Dalecarlia Chocolates AB’s (Dalecarlia) infringement claim of their EU and Swedish 3D marks in relation to chocolate, candy and confectionery (class 30). The 3D marks, depicted below, are formed as a Dala horse – a traditional, wooden horse statue originating from…

On 1 January 2019, the amendments to the Swedish Trademark Act enter into force. In many aspects, the implementation is straightforward and what anyone familiar with EU trademark law would expect. This includes the removal of the requirement for graphical representation, the possibility for the applicant to require an opponent to prove use of an…

In February this year, the Swedish Patent and Market Court (“PMD”) ruled in favour of Volvo in a bad faith case regarding the mark “MADE BY SWEDEN” registered by Green Stapler. The mark Made by Sweden had been the centre of a campaign starring Swedish superstar football player Zlatan Ibrahimović and world-renowned Swedish artist Robyn…

In a case earlier this spring, the Swedish Patent and Market Court dismissed an infringement action based on the reputed mark SOFIERO in relation to beers against SOFIERO KAFFEROSTERI used for coffee. The court concluded that coffee beans and ground coffee are dissimilar to beer and that the relevant consumer is not likely to find…

On 17 May 2017, the Swedish Patent and Market Court (the “PMD”) decided a case whereby it held that Nestlé’s expansion of its cat food brand “PURINA felix” into Sweden infringed the reputed Swedish foodstuff trademark FELIX, and that the fact that PURINA felix was previously used and enjoyed recognition in another EU country did not…

The Swedish Patent and Market Court (the “PMD”) has, on appeal from the Swedish Patent- and Registration Office, invalidated the registration of a trademark containing, among others, the words “Taxi” and “Stockholm” because of the earlier mark “Taxi Stockholm”. By way of background it must be noted that the taxi services in Sweden is not…

On November 15, 2016, the Swedish Patent and Registration Office (“PRV”) rejected an application for trademark protection of the a figurative mark consisting of a hand giving the middle finger on the ground that it was contrary to accepted principles of morality in accordance to Chapter 2, Article 7 of the Swedish Trademark Act. The…

In a decision of June 2, 2016 Svea Court of Appeal found Mars’ popular product “m&m’s” infringing Kraft Foods Sverige Intellectual Property AB’s non-registered trademark “m” in relation to candy and chocolates. Mars’ sales of products bearing the trademarks “m” and “m&m’s” were therefore prohibited in Sweden under the penalty of a fine of SEK…