Trademark Regulation (2011:594)

Original Language Title: Varumärkesförordning (2011:594)

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2011:594

1 Cape. Trademark register and the register of trademark



General information about the trademark register and the registry



paragraph 1 of the trademark register contains information on trademarks

recorded here in the country and on international

trademark registrations in force in this country.



The Swedish Patent and Registration Office for, in addition to

trademark register, a register of trademarks.



The registry and the registry, which are conducted by means of automated

treatment, should be made available at the National Board of patents and

Registration Office.



section 2 of the trademark register and the register of trademarks shall

give the public the information contained in the register and

the registry.



In the case of personal data to the registry and the registry have to

purpose to provide data for



1. business, credit, insurance or

other public or private activity where the information

included in the trademark register forms the basis for trials

or decision,



2. acquisition, lease or disposal of property

be entered in the trademark register or by activities

relating to such property,



3. updating, completion or verification of information

available in customer or membership or similar

registry,



4. performance of an obligation arising under a for Sweden

binding international obligation, or



5. the activities of the State or a municipality responsible for according to

the law and that



(a)) refers to activities related to property

be entered in the trademark register,



(b)) to be able to be performed requires access to registered

information, or



(c)) relating to the performance of the obligation.



section 3 of the Swedish Patent and registration office is personuppgiftsansvarigt

According to the personal data Act (1998:204) for trademark register

and the registry of trademarks.



section 4 of the Swedish Patent and registration office to ensure that it is not

arise any undue infringement of the

personal integrity or any risks from

the point of view of safety. For these purposes, the work in individual cases

set up conditions of the processing of personal data.



5 § the Swedish Patent and registration office may, for the purposes

specified in section 2 of the allow direct access to the trademark registry and

registry of trademarks.



section 6 of the provisions relating to the correction and compensation 28 and 48 sections

personal data Act (1998:204) applies in the treatment of

personal data in accordance with this regulation.



section 7 of Chapter 5. section 2 of the public and of the Official Secrets Act (2009:400)

provides for the information that will appear on the

registry of trademarks. Furthermore, in trademark law

(2010:1877) and in this Regulation provisions on note

of information in the registry in some cases.



The Swedish Patent and registration office may provide for

the information is otherwise to be recorded in the registry.



Trademark register



section 8 of the trademark register shall, in addition to the 2

Cape. section 23 of the trademark law (2010:1877), recorded a statement of



1. the registration number of the trade mark,



2. application number,



3. the date of application for registration and the date of registration,



4. the name or business name and address,



5. the goods or services for which trade mark is registered for

and the classes that the goods or services belong,



6. what shape elements of the brand has been classified,



7. such exemption from coverage of a part of the brand that

described in Chapter 2. section 12 of the trademark law,



8. priority,



9. the mark is registered, such as in the home Member State, and



10. the delegate name or corporate name and mailing address.



If a description of the trade mark has been submitted, the

the description is entered in the register.



The Registry receives indication of holder and delegate mail

mailing address is recorded.



9 § When Patent and trade mark Office in accordance with Chapter 5. section 10 of the

trademark law (2010:1877) has decided that an international

registration will be valid in Sweden and in the brand in

trademark register, it should be under the number

the mark assigned by the International Bureau of

The world intellectual property organisation

(International Bureau). The work may, in the case of international

registrations, decide which of the tasks set out in paragraph 8 of the

to be entered in the trademark register.



section 10 If it submitted an application for renewal, the

immediately made a note about this in the trademark register and

specify the day on which the application was filed.



11 § On a national registration or, except as provided

in Chapter 5. section 19 of the trade-marks (2010:1877), an international

trademark registration in force in Sweden, in whole or in part

to be removed from the trademark register, this will be recorded in the

the registry. In the case of a national registration will be the date of

decision, as well as the reason for registration

to be removed.



12 § a note concerning the assignment or other transfer of

the right to a registered trademark shall contain the new

the name or business name and address, and

the date of the document showing the Court's release.



section 13 a licence concerning a registered

trade mark shall include the name or trade name of the license holder and

postal address. Is the license holder's right limited to this

recorded, if the applicant so requests.



section 14 of a question of note on transfer or other

transfer of the right to a registered trademark or

license grant cannot be determined immediately, it should be specified in

trademark register that such note has been requested.



15 § registration of an agreement on pledge of a

registered trademark must include the indication of panthavarens

name or corporate name and postal address, date of deposit charge,

the date of application for registration and the date of the decision on the

registration.



section 16 Has the right to a registered trademark meted out,

subject to lien or used by

payment assurance, the following notification is recorded in

trademark register.



Chapter 2. Documents submitted in trademark cases and in cases

If administrative revocation



§ 1 an application for a trademark concern or an objection to

be made in writing. The same applies to an application for administrative

revocation of a trade mark.



An act referred to in the first subparagraph shall be signed by the

the applicant or invändaren or by his or her representative.



section 2 of the Swedish Patent and registration office may provide

If a document referred to in section 1 may be transmitted electronically

of the work and the manner in which this will happen.



A document transmitted electronically shall be signed

with an electronic signature.



The work may provide for the electronic

signatures may be used.



3 § If someone while applying for the registration of several

trademarks or otherwise requesting any action involving more than one

brands, a separate application shall be made for each brand, if

Save as otherwise provided in this regulation.



An application for amendment of a recordal applicant,

holder's or agent's name, firm name or address may refer to:

several applications or registrations for application-or

registration numbers for these are determined.



section 4 of an act referred to in § 1 shall be written in Swedish,

subject to Chapter 5. paragraph 3 of the tavaramerkkilaki

(2010:1877) or allowed by the Swedish Patent and registration office in

the cases in question. Is an attachment written in any other language

than Swedish, the applicant must also submit a certified Swedish

translation of the annex, if work demands it.



3 Cape. National registration of marks



Application for registration



§ 1 The reproduction of a trademark in accordance with Chapter 2. 1 §

trademark law (2010:1877) are to be found in the application for

registration of a trademark, shall in the case of other brands than

Word marks include a reproduction suitable image of

mark in a format not exceeding 21 x 29.7 cm (A 4). If

such a mark is applied for and registered in color, the image

be submitted in color.



section 2 of the a case concerning the registration of a trade mark to

the applicant, if the Swedish Patent and Registration Office considers it

necessary, describe in writing and specify what

characterize it.



If the application for registration relates to shape or get up on a

goods or of their packaging, the applicant must, if the Swedish Patent and

Registration Office deems it necessary, submit a

copies of the product or the packaging for the storage of

the work.



section 3 of the terms of Division into classes is applied

Nice Agreement concerning the international classification of goods

and services for the purposes of the registration of marks on June 15, 1957,

revised in Stockholm on 14 July 1967 and at Geneva on May 13

1997 (SUN 1978:29).



section 4 of the Swedish Patent and registration office shall classify

shape elements in the trademarks in accordance with the agreement of

12 June 1973 on the implementation of the international classification of

shape elements in the trademarks (SUN 1980:3).



paragraph 5 of the notice of the decision on registration shall contain

a representation of the trade mark or, if the mark is a word mark,

the words that have been registered as well as the data referred to in 1

Cape. section 8.



The notice shall also contain an indication of the time limit for

opposition and what the opposition will contain.



section 6 of the Swedish Patent and registration office may notify the closer

regulations on the application process.



Objection



section 7 a statement of objection pursuant to Chapter 2. section 24 of the trademark Act

(2010:1877) and other documents on which it relies in support of

the opposition shall be submitted in duplicate.



section 8 of the Swedish Patent and registration office may notify the closer

detailed rules relating to the opposition proceedings.



Changes to a registered trademark



section 9 an application for amendment of a registered trademark shall

contain



1. applicant's name or business name and address,



2. a statement of the delegate name or corporate name and mailing address, if a

previously recorded task has changed,



3. indication of the registration number of the trade mark, and



4. clear indication of the change in the mark which the applicant

want to do.



If an application is made for a different brand than a word mark, the application


also contain such a representation of the mark referred to in section 1.



The applicant is someone other than the person who is entered as the holder

in the trademark register, the applicant must attach a document

evidence of the applicant's right to the mark.



Division of a registration



section 10 of the application for Division of a registration shall contain



1. applicant's name or business name and address,



2. a statement of the delegate name or corporate name and mailing address, if a

previously recorded task has changed,



3. indication of the registration number of the trade mark, and



4. clear indication of the goods or services to

be allocated.



The applicant is someone other than the person who is entered as the holder

in the trademark register, the applicant must attach a document

evidence of the applicant's right to the mark.



Renewal of a registration



section 11 of The application for renewal of registration shall contain



1. applicant's name or business name and address,



2. a statement of the delegate name or corporate name and mailing address, if a

previously recorded task has changed, and



3. indication of the registration number of the trade mark.



An application concerning only a part of a registration to be

contain an indication of the goods or services which the applicant wishes to

the registration should include following the renewal and the

classes registration when the applicant will cover.



Is the applicant in such a case referred to in the second subparagraph, any

other than that which is recorded as the holder in

trademark register, the applicant must attach a document

evidence of the applicant's right to the mark.



If a renewal is made by a payment of

the renewal fee, should at the same time, the brand's

the registration number is entered.



4 Cape. Administrative revocation of registration



Content of the application



§ 1 an application for administrative revocation and the documents

to be attached to the application shall be submitted in duplicate.



section 2 If a task submitted pursuant to Chapter 3. 6 § 1

trademark law (2010:1877) changed during the time of the Patent and

the registration agency's processing, the applicant must immediately notify the

the change to the work.



section 3 of the Swedish Patent and registration office may notify the closer

regulations on what an application for administrative revocation in

should contain.



Injunction for the holder to be heard



4 § an injunction to the holder in accordance with Chapter 3. section 10 of the

trademark law (2010:1877) shall, except as provided in the

paragraph, include information on the consequences of the claim

contested or is granted or that the opposition is not done in the right

time.



The Swedish Patent and registration office may notify the closer

regulations on what order to the owner otherwise

will contain.



Transfer to District Court



5 § at the submission of a case to the District Court with the support of

3 Cape. 13 or section 16 of the trademark law (2010:1877), all

file, including proof of service and the relevant

prints from the trademark register and the register of

trademark cases submitted to the District Court. Documents

to be included in the District Court's Act.



Chapter 5. Application for recordal of the transfer, license or

agents, or for registration of a lien, as well as some

notice to licensees and pledge holders



Application for recordal of the transfer



§ 1 an application for recordal of the transfer or other

transfer of the right to a registered trademark shall

indicate:



1. applicant's name or business name and address,



2. delegate name or business name and address, and



3. the registration number of the trade mark.



Together with the application, the applicant must submit a document

evidence of the trade mark law over time.



Applies to a transfer or other transition more registered

brands, a single application may be made, on both the previous

as the new owner are the same for all brands and

the registration number is entered.



Application for recordal of license



section 2 of the application for recordal of license for a

registered trade mark or a trade mark which is the subject of

an application for registration shall indicate the



1. the licence holder's name or business name and address,



2. delegate name or business name and address, and



3. the registration number of the trade mark or, if the note

refers to a trade mark which is the subject of an application for

registration, application number.



The applicant requests a note that the license holder's right is

limited, shall also contain a reference to this

limitation.



Together with the application, the applicant must submit the license agreement in the

the original or a copy or an extract from the document.



License granted for multiple brands, a single application

be made on the note of this relationship. This applies during

condition that both the brand holder or his

applying for registration of the trade mark to which the licence holder is

the same on all brands and brands

registration number or application number be provided.



Registration of a lien and a note about the new pledge holders



section 3 of The application for registration of a lien in a registered

trademark or in an application for registration of a trademark

shall contain a statement of the



1. panthavarens the name or business name and address,



2. delegate name or corporate name and postal address,



3. the date of the deposit charge, and



4. the registration number of the trade mark or, if the pledge

refers to a trade mark application, application number.



Together with the application, the applicant must submit the deposit agreement in

the original or a certified copy.



A request for recordal of the new pledge holders should contain

the new panthavarens name or corporate name and

postal address as well as the registration or application number

the note refers to.



Information of the license-and pledge holders in some cases



section 4 of the Request the proprietor of a registered trade mark to

the registration will be cancelled, or withdraws the applicant in a

application for registration of the trade mark application, shall be subject to the following

on the issue of the licence holder. If a license has

made, the license holder shall be notified of the request and

the recall and be given a reasonable time to make the most of their

interests. If there is a registration of a lien in a

registered trademark or in an application for registration of

a trademark, the pledgeholder informed on the corresponding

way.



Application for recordal of agents



section 5 an application for recordal of agents should indicate:



1. applicant's name or business name and address,



2. the name or business name and address, and



3. the application or registration number of the application or

registration note pertains to.



An application for recordal of agents may relate to several applications

or registrations, about application and registration numbers

for these specified and it is the same applicant or holder and

on behalf of all brands.



Chapter 6. International trademark registration



General information about dealing with issues of international

trademark registration



section 1 of the Swedish Patent and registration office to deal with issues of

international trademark registration, except in accordance with

trademark law (2010:1877) and this regulation, in accordance with

Protocol on 27 June 1989 relating to the Madrid Agreement the

14 april 1891 concerning the international registration of

trademarks (SUN 1994:82) and detailed rules for the application of

This Protocol.



Application for international trademark registration for the

holds a Swedish trademark registration, etc.



section 2 When an application for an international trademark registration

be filed with the Swedish Patent and registration office, the application

is assigned a number. This number and the date on which the application was

in to the work should be noted on the application.



section 3 of The application referred to in Chapter 5. 4 paragraph

trademark law (2010:1877) should be sent to the International

the Office within one month from the date on which the application was filed with the

The Swedish Patent and registration office. If notice under Chapter 5.

4 § second paragraph trademark law is made to apply in

rather than be sent so that it enters into International

the Office within two months from the date on which the application was filed with the

the work.



section 4 of the Swedish Patent and registration office will record the arrival day

on an application referred to in Chapter 5. section 7 of the trademark Act

(2010:1877) and send the application to the International Bureau as

it comes in to the Office within two months from the date of

the application came in to the Office.



5 § the Swedish Patent and registration office will at once to

International Bureau shall forward a request that the work has

rated in accordance with rule 25 (1) of the implementing regulation to

the Protocol referred to in article 1.



section 6 Of the Swedish Patent and registration office receives a notification

from the International Bureau that a deficiency should be addressed in a

application referred to in sections 3 to 5, the Agency shall refer the applicant to

comment the work shall inform the International Bureau of

the applicant's opinion in such time that information comes in.

to the International Bureau within three months from the date of

the notification.



section 7 If a power of Attorney for a representative relating to an international

trademark registration or an application for such a

registration is submitted to the Patent and registration office, the

Office shall without delay send power of attorney to the International Bureau.



Application for an international trademark registration should

apply in Sweden



section 8 Of the Swedish Patent and registration office receives a notification

from the International Bureau to the effect that someone has applied for a

international trademark registration is valid in Sweden, the

the work immediately enter an indication to that effect in the register of

trademark cases.



section 9, an announcement that an international

trademark registration is valid in Sweden shall, except

as indicated in Chapter 5. section 10 of the trade-marks (2010:1877), contain



1. the international trademark registration number,



2. the mark for which registration is sought, and



3. the class or classes of goods or

services which the registration applies.



The notice shall also contain an indication of the time limit for

opposition and what the opposition will contain.



The Swedish Patent and registration office may decide which tasks

as for the rest, will be included in the notice.




section 10 of the Patent and registration office may notify the closer

regulations for the application procedure in relation to applications

on international trademark registration.



Objection to a decision to an international

trademark registration is valid for Sweden



section 11 of an objection in accordance with Chapter 5. section 11 of the trademark law

(2010:1877) and other documents on which it relies in support of

the opposition shall be submitted in duplicate.



section 12 if the opposition expires after the time limit

referred to in Chapter 5. 8 paragraph trademarks Act (2010:1877),

to the Swedish Patent and registration office in the latter period give

The International Bureau informed that a decision on the

international trade mark registration should not apply in

Sweden may be submitted later. The information should, in addition to

as shown in Chapter 5. 8 paragraph trademark law,

include the international

trademark registration number holders. If possible

It should also be specified in the notice if the opposition starting point

and ends.



section 13 of the Swedish Patent and registration office may notify the closer

detailed rules relating to the opposition proceedings in respect of a

international trademark registration.



Notification of change in the holding of an international

trademark registration



section 14 of the Patent and trade mark Office in accordance with rule 27 of the

detailed rules for the application of the Protocol referred to in paragraph 1 of the

receive a notification from the International Bureau of a change

in the holding of an international trademark registration with

validity in Sweden and not feel able to accept

the amendment to the notification provided for in rule

27.4 left within two months of the date of notification.



Communications to the International Bureau



section 15 Messages from the Swedish Patent and registration office to

International Bureau of the international

trade mark registrations shall be written in English.



Chapter 7. Fees



National registration of trademarks, etc.



1 § in the case of an application for a trademark concern to fee paid

as shown in the following.



Kind of case crowns



Electronic application for registration



(a)) for the protection of a trade mark, including

collective, guarantee or certification mark 1 800



(b)) for each class exceeding the first 900



Other applications for registration



(a)) for the protection of a trade mark, including

collective, guarantee or certification mark 2 300



(b)) for each class exceeding the first 900



Application for Division of an application for registration,

for each divisional application 1 500



Application for Division of a registration, for each

assigned registration 1 500



Electronic application for renewal



(a)) for the protection of a trade mark, including

collective, guarantee or certification mark 1 800



(b)) for each class exceeding the first 900



Other applications for renewal



(a)) for the protection of a trade mark, including

collective, guarantee or certification mark 2 300



(b)) for each class exceeding the first 900



If renewal is requested after the registration period

output will be added for every class 150



Application for recordal of the new holder, for each

Note by holding 900



Application for recordal of license, for each

license note 900



Application for amendments in a trademark 700



Application for registration of a pledge or

Note the new pledge holders 1 600



Återupptagningsavgift in Chapter 2. 20 section

paragraph or Chapter 2. paragraph 34

trademark law (2010:1877) 500

Regulation (2012:621).



section 2 of the application for administrative revocation of a

trademark registration to the application fee is paid with 450

SEK.



International trademark registration



section 3 of The fees provided for in § 1 for applications for

registration of trademarks shall be applicable also to applications

If international trade mark registrations submitted to the

The Swedish Patent and registration office.



section 4 of The fees provided for in § 1 for applications for

registration of pledge or annotation of the new pledge holders

and for applications for recordal of license applies

also on applications for international

trademark registrations, when applications are submitted to the

The Swedish Patent and registration office.



5 § request for entry in the trademark register of a

international trademark registration replaced the Swedish to

fees are paid by 1 400 SEK.



6 § For reinstatement in accordance with Chapter 5. section 6, second paragraph

trademark law (2010:1877) to återupptagningsavgift paid

with 500 kr.



section 7 of the application for administrative revocation of an order to a

international trademark registration is valid in Sweden to

the application fee is paid with 450 kr.



Community trade mark



section 8 of the matters in connection with the Council Regulation (EC) no

207/2009 of 26 February 2009 on the Community trade mark shall

fees paid to the Swedish Patent and registration office with

the following amounts.



Kind of case crowns



Submission of the application for a Community trade mark for

further promotion as referred to in article 25(2) of Council

Regulation 500



Request for conversion of a registration of a

Community trade mark or an application for registration

of a Community trade mark to an application for

national trade mark submitted to Patent-

and registration office in accordance with articles 112 and

113 of Council regulation



(a)) for the protection of a trade mark, including

collective, guarantee, or mark 1 900



(b)) for each class exceeding the first 900



Certificates provided for in article 93 (3) of the Council regulation 1 200



Chapter 8. Other provisions



section 1 of the Swedish Patent and registration office is the competent Swedish

authentication authority according to article 86(2) of the Council

Regulation on the Community trade mark.



section 2 of a proceeding referred to in Chapter 3. 5 section

trademark law (2010:1877) may be initiated by the public prosecutor

or by any other authority designated by the Government for a

in particular cases.



section 3 of the Court shall notify the Patent and Registration Office

If a judgment in a case concerning



1. revocation of a registered trade mark, or



2. infringement of a registered trade mark.



The Court shall also notify the Agency if a judgment in a case

It has been held in investigative proceedings in respect of a registered

trademark.



It is stated in the first and second subparagraphs if a registered

brand also applies in the case of a decision to a

international trademark registration is valid in Sweden.



section 4 of the Swedish Patent and registration office may notify the closer

regulations on public announcements in accordance with the trademark law

(2010:1877).