EUROPEAN UNION: Swedish Government Seeks to Protect SWEDEN as Trademark

Have you ever planned on traveling to Sweden in the hope of seeing the Northern Lights, trying a cinnamon bun, or experiencing the midnight sun? But while planning your trip, did it ever cross your mind that there are six places called “Sweden” in the United States and one in Indonesia? The Swedish government’s marketing company, which promotes Sweden as a travel destination, believes that the places in the United States and Indonesia confuse travelers. As a result, on November 19, 2024, it filed European Union Trade Mark application No. 019108467 for the wordmark SWEDEN covering “travel information” in Class 39.

A country’s name serves as a geographical indication, and it is in the public interest that signs that may indicate geographical origin remain available for all. Consequently, the application risks being refused on absolute grounds according to Articles 7(1)(b) and 7(1)(c) of EU Regulation 2017/1001.

The applicant claims that  “countries can’t be trademarked, but destinations can. Since Sweden actually identifies as a destination, we are hopeful for a favorable outcome [.…] [W]e think it will be much easier in the future to avoid any confusion.”

The European Union Intellectual Property Office has previously rejected wordmark applications for POLAND (No. 018288753) in Classes 7 and 12 and GERMANY (No. 015318777) in Class 25 on absolute grounds. Consumers are likely to perceive SWEDEN as the indication of the geographical origin of the services in Class 39 rather than a trademark.

The applicant believes that SWEDEN identifies as a destination, not a country. But a consumer is more likely to consider SWEDEN a country firsthand, not a destination. Moreover, it is questionable whether the applicant’s objective of preventing consumers’ confusion against the use of the word SWEDEN by the namesake cities in the United States and Indonesia could be achieved even if the applied-for mark were granted.

Even though the applicant seems aware of the slim possibility of having SWEDEN registered, it has received free media attention after it filed the application. Thus, the filing of this application might have simply been a strategic marketing move to gain some visibility.

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