The question of whether there exists likelihood of confusion between two trademarks may arise in several situations.
It may seem commercially attractive to companies to register a trademark that contains descriptive elements, as the targeted consumers will quickly grasp the kind of goods or services sold under the trademark. However, the more descriptive the trademark, the narrower the scope of protection afforded.
To demonstrate the Swedish patent and market courts’ assessment of trademarks with descriptive elements, this article compiles illustrative and relevant examples from Swedish registration and infringement case law from recent years.
In the latest International Law Office / Lexology issue, Westerberg & Partners’ Annalena Nordin and Joanna Wallestam comment on a recent decision by the Swedish Patent and Market Court. Upon opposition, the court found that the trademark TANDLÄKARGRUPPEN ODENPLAN and the earlier registered company name Tandläkarhuset Odenplan AB were confusingly similar. The outcome is notable due to the low degree of distinctiveness in the separate elements of both marks (“tandläkar-” means “dentist” and “Odenplan” is the location of both businesses).
The article may be read through any of the following links:
Hans Eriksson recently published an article in International Law Office / Lexology regarding a recent case from the Patent and Market Court of Appeals concerning the interpretation of copyright contract.
The article may be read through any of the following links:
Hans Eriksson recently published an article in International Law Office / Lexology regarding the use of IT forensic evidence in copyright and trade secret litigation and its inherent limitations.
The article may be read through any of the following links:
In the latest International Law Office / Lexology issue, Jonas Löfgren and Petter Larsson comment on a recent judgment from the Swedish Patent and Market Court of Appeal concerning the concept of objective necessity in parallel trade in light of the implementation of the EU Falsified Medicines Regulation.
Many Swedish companies have reacted forcefully against Russia’s invasion of Ukraine. Decisions to suspend or exit operations in Russia, Ukraine or Belarus affect local communities in these countries. As part of their sustainability and corporate responsibility actions, Swedish companies may wish to reflect on their role, rights and responsibilities towards the respect for human rights in armed conflict. Maria Fogdestam Agius have formulated some initial advice for companies (in Swedish).
The grim situation in Ukraine continues and so do Russian measures against Western businesses in Russia. Jacob Ericson and Maria Fogdestam Agius recently published an article about options for Swedish companies concerned about their Russian assets and rights.
In a recent International Law Office / Lexology issue, Siri Alvsing and Linnea Harnesk comment on a judgment from the Swedish Patent and Market Court relating to the collective mark HALLOUMI. The judgment highlights the struggles of collective marks (i.e. marks that may be used by several different traders), namely showing that the trademark is perceived as an indication of commercial origin.
Therese Isaksson comments in Swedish daily newspaper Svenska Dagbladet on the investment arbitration initiated by Huawei against the Swedish state.
Descriptive elements of an earlier trademark played a decisive role in a question of likelihood of confusion. The Patent and Market Court of Appeal concluded that there is no likelihood of confusion between LEGALROOM and LegalZoom. Annalena Nordin and Joanna Wallestam recently published an article in International Law Office / Lexology.
Maria Bruder has authored an article on greenwashing, and what to have in mind when making assertions in marketing related to the climate, sustainability and the environment.
Link to article (Swedish)
Westerberg & Partners’ Hans Eriksson and Josefine Lindén have published an article in Blendow Lexnova on two recent judgments from the Patent and Market Court of Appeal that have clarified many questions about how Swedish marketing law should be applied to marketing on social media with the help of influencers.
The article may be read through the following link (in Swedish, behind paywall): https://www.lexnova.se/expertkommentarer/influencer-marketing-och-marknadsratten
Axel Seger and Bodil Ehlers recently published an article in International Law Office / Lexology on the copyright protection of works of great cultural importance in the interest of spiritual cultivation.
Axel Seger and Hans Eriksson recently published an article in International Law Office / Lexology regarding Swedish jurisprudence on bad faith in relation to trademark registrations and how Swedish litigation often turns on the evidence invoked rather than on clear legal precedent.
Björn Rundblom Andersson and Måns Ullman have published an article in International Law Office on a recent case which examines, among other things, the applicability and relevance of the CJEU’s Bayer Pharma ruling in Sweden.
Petter Larsson and Maria Bruder have authored an article in International Law Office on a series of recent judgments by the PMC and the PMCA concerning the concept of bad faith in light of the established ECJ case law and advise prudent rights holders to consider their filing strategies well in advance of market entries in new jurisdictions.
Axel Seger and Hans Eriksson have authored an article in International Law Office on a recent case where the Patent and Market Court of Appeal determined that copyright-protected materials can be freely submitted as evidence to courts in Sweden, as long as the material has some prima facie relevance as evidence in the proceedings.
Siri Alvsing, Josefine Lindén and Jonas Löfgren have authored an article in International Law Office on a recent judgment from the Administrative Court of Malmö describing the Swedish trademark regulation as parallel to the EU Spirits Drinks Regulation on inter alia the protection of geographical indications, and thus an approved trademark does not preclude the trademark from being in breach of a protected designation of origin under the Spirits Drinks Regulation.
Ludvig Holm and Måns Ullman have authored an article in International Law Office on a decision from the PMCA which discusses the uncommon but important and relevant issue of compulsory licenses to patents and its use as defence against claim for preliminary injunction.
Björn Rundblom Andersson, Hans Eriksson and Axel Seger have contributed to Chambers and Partners’ Law & Practice Sweden section of the recent guide on Trade Secrets 2021. The section includes the latest legal information on misappropriation, litigation, the trial process, remedies, appeals, criminal offences and alternative dispute resolution (ADR).
Chambers and Partners explain: “For each jurisdiction Chambers selects highly ranked lawyers to provide local expertise into the issues identified by the Contributing Editor.”
Siri Alvsing and Maria Bruder have authored an article in International Law Office on a recent judgment by the Swedish Patent and Market Court on the rules governing the online sale of tobacco products under the Act on Tobacco and Similar Products (LTLP).
Siri Alvsing and Maria Bruder have authored an article on a recent judgment by the Swedish Patent and Market Court of Appeal (PMCA) on the application of the choice of law principle in marketing law in relation to online marketing.
Annalena Nordin has authored an article in International Law Office on a ruling of the Swedish Patent and Market Court on a trademark and its possible association with a specific geographical origin.
Jonas Löfgren and Måns Ullman have authored an article in International Law Office on the analysis of a likely regulation of tobacco-free nicotine pouches which will be presented by the Ministry of Health and Social Affairs on 31 March 2021.
Siri Alvsing has authored an article in International Law Office on a recent judgment from the Patent and Market Court of Appeal regarding the requirement on actual use in relation to company names.
Chambers and Partners explain: “… Practice Guides provide in-house counsel with expert legal commentary on the main practice areas in key jurisdictions around the world .… For every guide we select Contributing Editors who are ranked in the relevant Chambers Guides as the best in their field. The individual contributors who write the ‘Law and Practice’ … sections are selected on the same basis.”
Björn Rundblom Andersson and Josefine Lindén have authored an article in International Law Office on a recent case from the Patent and Market Court of Appeal, where the court found that Sweden has failed to properly implement the EU Enforcement Directive in relation to corrective measures in patent cases.
Björn Rundblom Andersson has authored an article in International Law Office on the term of Swedish patent licences in light of an interesting judgment from the Swedish Patent and Market Court of Appeal.
AI håller på att skruva tillbaka tiden 100 år, skriver Malcolm Wiberg, managing partner, Westerberg & Partners advokatbyrå.
Jonas Löfgren and Måns Ullman have authored an article in International Law Office on the Swedish Medical Products Agency’s decisions to classify certain CBD oils as medicinal products and thus prohibiting their marketing as foodstuffs.
Björn Rundblom Andersson has authored an article discussing some issues relating to the resolution of trade secret disputes in arbitration.
The article is published in the Swedish journal Ny Juridik, issue 3 for 2020, and is available online at following link
Linnea Harnesk recently published the article “Design protection in the Nordic countries – looking back and forward” in the Swedish journal NIR (Nordic Intellectual Property Law Review).
The article may be read through the following link (solely open to subscribers) or in the journal which will be distributed to subscribers next week!
Jonas Löfgren and Petter Larsson in International Law Office on a recent judgment from the Patent and Market Court concerning the concept of objective necessity in parallel trade in light of the implementation of the EU Falsified Medicines Regulation.
Jonas Löfgren and Siri Alvsing in International Law Office on a judgment from the administrative court of appeal confirming the view that biosimilars are generally not included in the Swedish system for mandatory substitution.
European Cross-border Patent Litigation Team of the Year
We are utterly delighted to announce that Westerberg & Partners was presented as part of the team winning the highly competitive European Cross-border Patent Litigation Team of the Year award for our work on the Illumina Cambridge matter during Managing IP’s annual awards ceremony in London on 15 June.Read more
Helena Wassén Öström is ranked as one of Top 250 Women in IP
Westerberg & Partners is proud to announce that Helena Wassén Öström is once again ranked as one of Top 250 Women in IP in the world as Managing IP recently revealed this year's leading female intellectual property practitioners in private practice.Read more
Westerberg & Partners announces its further expansion with latest recruitment
We are delighted to welcome Wendela Hårdemark to the team!Read more
Westerberg & Partners is pleased to have contributed to Chambers and Partners’ Global Practice Guide
Westerberg & Partners is pleased to have contributed to Chambers and Partners’ Global Practice Guide on Trade Secrets 2022 through the Swedish section authored by Björn Rundblom Andersson and Hans Eriksson.Read more
Managing IP shortlists Westerberg & Partners
Westerberg & Partners is delighted to announce that the firm has yet again been shortlisted as Firm of the Year in Sweden under the three categories Patent Contentious, Trademark Prosecution (law firms) and Copyright & Design by Managing Intellectual Property.Read more
Legal 500 ranks Westerberg & Partners
Legal 500 ranks Westerberg & Partners’ experts in Intellectual property and media as well as Insurance at the very top in tier 1. ‘Very strong team in Sweden for anti-counterfeiting. Great experience in building enforcement programs for a variety of clients and masters in ensuring good recoveries.Read more
Westerberg & Partners in the news
The Swedish newsletter Realtid reports on the recent court of appeal judgment in Sturecompagniet v. Gjensidige Forsikring.Read more
Westerberg & Partners acts for the insurer Gjensidige Forsikring
The court of appeal held that Covid19-based government restrictions, imposing a nationwide limit on the number of guests per square meter in restaurants and night clubs, did not trigger the insurance policy.Read more
Westerberg & Partners represented the Swedish Sports Confederation
Jesper Tiberg and Tom Sundin from Westerberg & Partners have successfully represented the Swedish Sports Confederation in an arbitration against the Swedish Football Association.Read more
Copyright 2022 Global Practice Guide – Sweden
Stefan Widmark, Hans Eriksson and Siri Alvsing have contributed to Chambers and Partners’ Law & Practice section of the recent guide for Copyright 2022 – Sweden.Read more
Top ranked by Chambers Global 2022
Chambers and Partners points out Westerberg & Partners as a provider of “high-quality advice on cross-border IP and disputes matters” top-ranking the firm in Intellectual Property and Dispute Resolution as well as International & Cross-Border Capabilities in Sweden and Dispute Resolution (Expertise based abroad) in Russia.Read more
WTR ranks world-class legal trademark expertise
Westerberg & Partners’ trademark team has once again been identified as top trademark professionals with world-class legal trademark expertise by World Trademark Review in their guide WTR 1000 2022.Read more
Three of the best arbitration lawyers in Sweden
Congratulations to Bo G.H. Nilsson, Ginta Ahrel and Therese Isaksson who have been identified as some of the world’s leading arbitration figures and three of the country’s best arbitration lawyers by Who's Who Legal and Global Arbitration Review.Read more
Who’s Who Legal IP 2021
In their latest guide, Who's Who Legal name Henrik Wistam Leading Individual in IP 2021. Market commentators state he is “the king of trademarks in Sweden”.Read more
Congratulations to Siri Alvsing, Hans Eriksson and Petter Larsson who have yet again been named Rising Stars by IP STARS!Read more
Westerberg & Partners Tier 1 and highly recommended
This year, Managing IP has ranked Westerberg & Partners in tier 1 in both categories Patent contentious and Trade mark contentious, highly recommending the firm in Trade mark prosecution as well as top ranking the firm in Copyright & related rights.Read more
Westerberg & Partners listed as top arbitration practice
We are delighted to announce that The Global Arbitration Review (GAR) has selected Westerberg & Partners for inclusion in their 2021 guide to the world’s leading arbitration firms and expert witness providers: The GAR 100 (14th Edition).Read more
Recognized as WTR Global Leaders
Westerberg & Partners’ Helena Wassén Öström and Henrik Wistam were recently recognized in the 2021 edition of WTR Global Leaders in private practice by World Trademark Review.Read more
IAM Patent 1000 has ranked Westerberg & Partners in litigation and transactions
We are glad to see that so many of our lawyers have either improved or secured their rankings. We feel thankful to clients and colleagues for the appraisal and are set on continuing to advise our clients on the most challenging legal issues.Read more
Helena Wassén Öström – One of top 250 Women in IP ranked by Managing IP
Westerberg & Partners is delighted to announce that Helena Wassén Öström is once again included in the list of Top 250 Women in IP from more than 30 jurisdictions and regions of the world.Read more
Therese Isaksson has been elected member of the ICC International Court of Arbitration
Therese is now one of 195 members representing 121 countries entrusted with the most important task - to ensure the Court’s efficient processes and reliability.Read more
Ginta Ahrel has been elected board member of the SAA
Westerberg & Partners is proud to announce that Ginta Ahrel has been elected board member of the Swedish Arbitration Association (SAA).Read more
We are delighted to welcome Stefan Bessman to Westerberg & Partners’ team!
Stefan Bessman is known for his skills in litigation and in particular for his expertise in insurance and reinsurance law. He is ranked as a leading individual by Chambers and Legal 500 in insurance law, and will bring additional strength to the dispute resolution practice of Westerberg & Partners.Read more
Astrid Baldomero Warstrand awarded Best Master’s Thesis 2020
Astrid Baldomero Warstrand was recently awarded Best Master’s Thesis 2020 by the Faculty of Law at Uppsala University.Read more
Westerberg & Partners expands with the hire of three associates
Jacob Ericson is the third addition this year following that of fellow associates Axel Seger in January and Astrid Baldomero Warstrand in March.Read more
Maria Fogdestam Agius nominated by the Swedish Government
Maria Fogdestam Agius has been nominated by the Swedish Government to the European Commission’s pool of arbitrators for bilateral disputes under EU free trade agreements.Read more
The Legal 500 top ranks Westerberg & Partners
Westerberg & Partners’ Intellectual property and media team has secured their position right at the top in tier 1 and our Dispute resolution team is top ranked in tier 2.Read more
Fundamental Principles of International Arbitration in Sweden
Bo G.H. Nilsson and Björn Rundblom Andersson have authored a chapter on Fundamental Principles of International Arbitration in Sweden for the second edition of International Arbitration in Sweden: A Practitioner’s Guide.Read more
Winner of the Swedish Copyright & Design Firm of the Year award
Westerberg & Partners received the award at the sixteenth annual Managing IP ceremony held virtually in London on 30 March.Read more
Westerberg & Partners ranked as a leader in our fields by Chambers
Chambers and Partners continues to promote Westerberg & Partners as a leader in our fields Intellectual Property and Dispute Resolution. We are particularly proud that Ginta Ahrel is included by the Europe guide for the first time.Read more
Ginta Ahrel interviewed by Young ICSID
Westerberg & Partners’ Ginta Ahrel was recently interviewed by Young ICSID for their series about young arbitration practitioners.Read more
Westerberg & Partners ranked in Chambers Global once again
We are pleased that Westerberg & Partners is ranked in Chambers Global once again as one of the leading firms in Sweden in both Intellectual Property and Dispute Resolution.Read more
Westerberg & Partners shortlisted by Managing IP
Westerberg & Partners is most happy to announce that the firm has been shortlisted as Firm of the Year in Sweden under the four categories.Read more
Westerberg & Partners repeat top rankings by WTR 1000
Westerberg & Partners’ trademark team repeats top rankings by WTR 1000. The firm secures Band Gold for enforcement and litigation as well as Band Silver for prosecution and strategy.Read more
Ginta Ahrel – new appointed member of the board of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC).
Congratulations to Ginta Ahrel who has been appointed member of the board of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC).Read more
Intervju SVT Nyheter
Westerberg & Partners Stefan Widmark har intervjuats av SVT Nyheter angående en aktuell och uppmärksammad tvist om användning av namn och bild på en känd person på ett konstverk.Read more
Arbitration 2021 WWL rankings
Congratulations to Bo G.H. Nilsson and Ginta Ahrel who have been identified as leading names in Arbitration 2021 by Who's Who Legal and Global Arbitration Review!Read more
Westerberg & Partners expands on international disputes and intellectual property
We are pleased to announce two new partners: Maria Fogdestam Agius and Hans Eriksson!Read more
Rising Stars by IP STARS
Congratulations to Hans Eriksson, Siri Alvsing and Petter Larsson who have again been named Rising Stars by IP STARS !Read more
Global Leaders 2020 in private practice by World Trademark Review (WTR).
Congratulations to Helena Wassén Öström and Henrik Wistam who are ranked as Global Leaders 2020 in private practice by World Trademark Review (WTR).Read more
Westerberg & Partners boosts partnership ranks
We are delighted to welcome Maria Bruder to Westerberg & Partners' team!Read more
IAM Patent 1000 ranks Westerberg & Partners
We are proud to announce that IAM Patent 1000 has ranked our firm for the very first time. In litigation, Westerberg & Partners is placed in band silver, and in transactions our team is recommended.Read more
Helena Wassén Öström Top 250 Women in IP ranked by Managing IP
Congratulations to Helena Wassén Öström who has been included in Managing IP’s list of Top 250 Women in IP.Read more
GAR 100 lists Westerberg & Partners as a top arbitration
For the first time, Global Arbitration Review (GAR) includes Westerberg & Partners in their 2020 guide to ‘approved’ top arbitration practices in the world: GAR 100.Read more
Therese Isaksson designated conciliator
Congratulations to Therese Isaksson who has been designated conciliator at the World Bank Group’s International Centre for Settlement of Investment Disputes (ICSID) by the Swedish government, a position she will hold during the coming six years.Read more
Ranked in tier 1 for IP and tier 2 for dispute resolutuion
In their first ever ranking of our firm, Legal500 places Westerberg & Partners’ Intellectual property and media team right at the top in tier 1 and our Dispute resolution team in tier 2.Read more
Ranked in Chambers Europe 2020
Just starting our second year, we are pleased to announce that Chambers & Partners continues to promote our firm. Today our Intellectual Property team is in Band 2 and our Dispute Resolution team is in Band 3.Read more
Westerberg & Partners awarded as the Swedish Trade Mark Contentious Firm of the Year as well as the Swedish Copyright Firm of the Year
We are absolutely delighted to have been awarded not one, but two awards at the fifteenth annual Managing IP Awards in London on 5 March.Read more
Westerberg & Partners top ranked by WTR 1000
“Consistent on quality, Westerberg & Partners is best in show for trademark work.”Read more
Who’s Who Legal – Most Highly Regarded
Congratulations to Bo G.H. Nilsson and Henrik Wistam! This year, Who's Who Legal has recognized them as the “Most Highly Regarded” lawyers in Sweden in Arbitration and Trademarks respectively.Read more