How to register industrial design in Sweden

Sweden is famous for its innovative, minimalist and functional design, so there are many industrial design applications in many different fields. Swedes have a high sense of aesthetics and appreciate good design. This creates a favorable environment for the development of the industrial design industry. Sweden has a long tradition of interior and homeware design, with well-known brands such as IKEA, String Furniture, and Svenskt Tenn. Their designs often focus on simplicity, functionality, and sustainability. The Swedish fashion industry is thriving, with many well-known brands such as H&M, Acne Studios, and Filippa K. Their designs are often modern, minimalist, and focused on quality. Sweden has many well-known product design firms, such as Teenage Engineering, POC, and Hövding. Their products are often appreciated for their creativity, cutting-edge technology, and beautiful design. Therefore, more and more individuals and organizations operating in the above field have the need to register industrial designs. Viet An Law would like to guide customers through the preliminary procedures for registering industrial designs in Sweden through the article below.

Legal Basis

• Design Protection Act (1970:485) (amended to Act (2020:542)

Definition of industrial design in Sweden

In Sweden, an industrial design is defined as the external appearance of a product or part of a product. This form can be characterized by the lines, borders, colors, shapes, textures, or materials of the product.

Conditions for registering an industrial design in Sweden

• Novelty: The design must be new, which means that it has not been publicly available anywhere in the world before the date of the design application. This includes disclosure through publications, exhibitions, or commercial use.
• Individuality: The design must be personal, meaning that the general impression it makes on the knowledgeable user is different from the general impression that any design that has been publicly available prior to the filing date makes on that user.
• Not excluded by law: The design must not be contrary to public order or morality.

Types of industrial designs that can be registered in Sweden

• Two-dimensional styling: Includes styles for patterns, decorative motifs, logos, graphic icons, and fonts.
• Three-dimensional designs: Include designs for the shape, configuration, or decoration of a product or part of a product. This can include a variety of different types of objects, such as:
  • Consumer goods: furniture, home appliances, electronics, toys, clothing, shoes, jewelry, etc.
  • Industrial products: tools, machinery, equipment, vehicles, etc.
  • Packaging: bottles, jars, boxes, labels, etc.
  • Graphical user interface (GUI): icons, buttons, menus, etc.
• Two-dimensional and three-dimensional style combinations: Designs that combine both two-dimensional and three-dimensional elements can also be registered. For example, a product has a unique shape and a special pattern is applied on its surface.
• Color Designs: Designs based solely on color combinations or arrangements can also be registered, as long as they meet the requirements for novelty and individuality.
• Modular designs: Designs for modular products or systems, in which individual components can be combined in various configurations, can also be registered.

Application for registration of industrial designs in Sweden

• Application Form: The application form includes the following information:
  • Name, address, nationality and contact information of the applicant (and representative, if applicable);
  • Title of industrial design;
  • Specifies the products to which the style will be applied (Product Type).
  • International Classification Code for Industrial Designs (Locarno Classification).
• Representative image of the style:
  • Drawings, photographs, or other graphic images of the design.
  • These images need to clearly represent all angles of the style (front, back, side, top, bottom, perspective, etc.).
  • A maximum of 7 images can be submitted.
• Priority documentation (if applicable): If a priority claim is from a previous application filed in another country, the applicant will need to submit a certified copy of the previous application.
• Power of attorney (if applicable): If the applicant files through a representative (e.g., attorney or intellectual property representative), the applicant will need to provide a power of attorney that allows them to act on behalf of the applicant.
• Other documents, if any:
  • Copyright claim (if the applicant is not the creator of the design).
  • The transfer document (if the rights to the design have been transferred).

Fees for registering an industrial design in Sweden

Application Fee

• One style: 2,500 SEK (Swedish krona)
• Multiple styles (up to 10): 3,500 SEK
• Additional styles (over 10): SEK 200 for each additional style

Publication Fee

• Per style: 700 SEK
• Postponement of publication (if required): SEK 500 per design

Other fees

• Renewal Fees: Renewal fees are the same as application fees and are payable every 5 years.
• Late payment fee: If the fee is not paid on time, the applicant will need to pay an additional late payment fee.

Related questions about industrial design registration in Sweden

Can an industrial design be used as a trademark?

In some cases, an industrial design can be used as a trademark if it meets the trademark requirements. However, the protection of industrial designs and trademarks is different and should be considered separately.

Can I register for industrial design protection in other countries?

Yes, you can register your design protection in other countries through the Hague International Design Registry system or by filing individual applications in each country. However, Sweden is not yet a member of the Hague Agreement, so registration is only done in the host country.

Can I apply for industrial design protection for part of a product?

Yes, you can apply for industrial design protection for the entire product or just a part of the product, as long as that part meets the criteria for novelty and individuality.

Can I apply for industrial design protection for a product that has already been sold in the market?

No, an industrial design must be new to be registered for protection. If the product has been sold on the market before the filing date, its design will no longer be considered new.

If you wish to file an application for registration of an industrial design, please contact Viet An Law Firm for the most effective support.