(Publ. 27 MAY 2019) After a decision by the Patent and Market Court of Appeal, a black and white trademark that is filed in Sweden will be treated as black and white. Consequently, The Swedish Patent and Registration Office (PRV) now follows the EU practice.

Previously, trademarks registered in black and white (and in gray scale) in Sweden also covered exclusive right to all colors. According to PRVs new practice, two trademarks are no longer seen as identical if one mark is in color and the other is in black and white.

Trademarks that are registered with PRV will have a scope of protection based on the color(s) in which the trademark was filed. It should therefore be specified in the application which colors one wants to protect their brand in based on how the trademark will be used.

This practice also applies to EU trademarks and international designations in connection with review of a Swedish trademark application.

We have previously written about the work for a harmonized practice within the EU here>>