WIPR September/October 2019 78 Jurisdiction Report: Sweden www.worldipreview.com

The winner trademarks it all By Petter Rindforth of Fenix Legal

f you mention Sweden, most people A BAB (fig), registered in 1977 and covering Iprobably think of ABBA. However, not classes 15 and 41. many people may know that the trademark The oldest valid registration for Abba was not originally created by the famous Seafood AB that also covers Sweden is the pop group, but in fact dates back to 1906. EU trademark registration from 1996 for ‘Abba’ is an abbreviation of the company classes 29, 30 and 31. name AB Bröderna Ameln (the Ameln Brothers), a seafood company originating The Saab story The oldest valid Swedish from the father of the brothers, Christian ‘Saab’ is another example of a Swedish national trademark Gerhard Ameln, in 1838. trademark that many have personal registration is not for Abba The fact that the pop group ABBA is experiences of, in respect of a ‘four-wheeled better known than the food trademark vehicle’. However, it started, and still exists, the seafood, but for ABBA the ‘Abba’ is satirically noted on the seafood as an airplane company. pop group. company’s website. It says: “First the firm Svenska Aero AB was founded in 1937. was called Christian Gerhard Ameln, but Initially, Saab focused on military aircraft, it is a good thing they changed the name. but in 1944 Saab entered the civil aircraft Otherwise, the famous pop group probably market, introducing SAAB 90 Scandia and The oldest still active Swedish trademark wouldn’t have borrowed the name.” SAAB 91 Safir—a single-engine trainer and registration for ‘Saab’ dates from 1939, Apart from the fact that the name Abba private tourer that quickly become very owned by Saab AB, covering classes 9 and was slightly less clumsy, Christian Gerhard successful. 12. Ameln had not yet invented pop music. In 1945, Saab founded a new company, The ‘Saab’ trademark is definitely The pop group ABBA was formed in Saab Automobile AB. The first Saab alive. Saab AB serves a global market with Stockholm, Sweden in 1972. ABBA is an automobile, called SAAB 92, was built in goods, services and solutions from military acronym made from the initial letter of 1946. Saab took advantage of the already defence to civil security. Saab had more each group member’s first name: Agnetha well-known aircraft part of the trademark than 17,000 employees around the world in Fältskog, Björn Ulveus, Benny Andersson, and advertised the new car as: “the Swedish 2018, with annual sales of SEK 33.1 billion and Anni-Frid Lyngstad. car with flight quality”. ($3.5 billion). ABBA the pop group became one of the Saab cars become very popular around Similar to the Abba seafood company, most commercially successful groups in the the world, with ‘SAAB 900’ as the top Saab’s website notes a little-known fact history of popular music. After winning trademark between 1978 and 1993. In about the Saab brand: “Many people think the 1974 Eurovision Song Contest, the 1990, General Motors took 50% ownership Saab still makes cars, even though the group went on to sell over 400 million of Saab Automobile, and became the full business was bought out by General Motors records between 1972 and 1982. The group owner in 2000. As the trademark ‘Saab’ in 2000 and Saab Automobile went defunct reformed in April 2018 and plans to release was mostly owned around the world by back in 2011. a new music video in the autumn of 2019. Saab AB, a global combined co-existence/ “But the Saab name is very much alive and Both ABBAs are well-known trademarks licence agreement was created in order to well, as one of the world’s most innovative in Sweden. However, while the Abba Seafood split the class 12 trademark protections for defence and security companies.” l trademark was created in 1906, the company Saab into cars for Saab Automobile, versus did not keep its prior national Swedish airplanes, etc, for Saab. Petter Rindforth is managing partner of trademark registrations—Abba Seafood’s Saab Automobile was sold in 2010 to Fenix Legal. He is a European trademark oldest valid registration for Sweden is its EU Spykers, but soon went into bankruptcy. and design attorney, an expert in cyberlaw, Trademark from 1996, some 19 years after National Electric Vehicle Sweden (NEVS), an arbitrator/panellist for WIPO, FORUM the pop group’s trademark. the owner since 2012, is focusing on the and the Czech Arbitration Court, and is on This means the oldest valid Swedish development of electric vehicles. However, the Swedish National Courts Administration national trademark registration is not for NEVS has no licence to produce cars under list of mediators, focused on IP. He can be Abba Seafood, but for ABBA the pop group: the ‘Saab’ trademark. contacted at: [email protected]