New trademark Act and revision of the Trade names Act
On July 1, 2011 the new Trademark Act enters into force, together with the changes made in the Trade names Act. The systematic in the Trademark Act is entirely new, new logical chapters have been introduced and the entire law has been made clear and easy to grasp.
A major issue has been if PRV shall review trademark registrations against earlier rights before registration, the so-called official review. This review remains, which means that a trademark proprietor, when the registration is granted, has received a useful review if there exist any older rights which can be obstructive. The disadvantage is that many times, in practice there is no risk for confusion on the market and the applicant must argue against an obstacle which in fact does not exist. Due to this, sometimes there are reasons to apply for a Community trademark instead.
In the new Trademark Act and Trade names Act, a new introduction is the possibility to revoke a registration at the administrative authority, for example if a trademark no longer is used. The procedure will be more accessible and also significantly cheaper than to apply for summons in court. The possibility to transfer a registration in case of a better right is also introduced, which today is a question that has to be tried in court.
Other news is the possibility to resume a depreciated application, partial refusal of an application and not the entire application which is the case today. The opposition period is extended to three months, and it will be easier and faster to decide on oppositions which are apparently unfounded or have serious flaws.
Additional news is that a renewal of a registration can be made even by others than the proprietor and an appeal can be made by others than the applicant if the decision goes against the person who complains. New rules regarding last names, artist names and titles are also introduced. The protection will not be as strong as it has been and there is reason to be extra attentive on those rights you have and want to be alone with.
Already existing registrations are not affected by the new law, but the new rules, including the rules regarding administrative revocation covers all trademarks, even those which were registered according to the old law.
Brann recommends a contact with your trademark expert on Brann for further discussions regarding if the new law means any immediate actions, or maybe possibilities! For the one who wants to know more but not yet works with Brann, please send an email to brann@brann.se or call 08-429 10 00 for further information.