Chapter 1. Basic provisions
The scope of the law
Trademarks, and other trademarks, etc.
section 1 of this Act contains provisions on trademarks and other
trademarks for goods or services provided in
a trade or business and that everyone can acquire exclusive right
to.
The Act also provides for special indications
on agricultural products and foodstuffs protected in
The European Union.
Collective, guarantee or certification marks
section 2 of an association, a corporation, or other association can
acquire exclusive rights for its members to use common
marks (collective marks) and other trademarks in the
trade or business.
An authority which notifies rules about or control
goods or services can acquire the exclusive rights to trademarks
(guarantee or certification marks) and other trademarks for
the use of such goods or services for which the regulations
or controls alleges. The same is true for foundations,
associations, companies and other organisations that establish
requirements for or control the goods or services.
The Community trade mark
section 3 of the Act also contains some provisions on
Community trade marks.
With Community trade marks "means trademarks pursuant to Council
Regulation (EC) No 207/2009 of 26 February 2009 on the
Community trade marks.
What may constitute a trade mark
section 4 of the trade mark may consist of any signs capable of being represented
graphically, particularly words, including personal names, as well as characters,
letters, numbers and shape or getup of a product or
of their packaging, provided that such signs are
distinctive character.
Distinctive character
paragraph 5 of The trademarks shall be considered to have distinctive character if
It can distinguish the goods or services supplied in a
business activities from those provided in another.
Lack of distinctiveness can be due to a
trademarks consist exclusively of signs or indications which
1. in trade, product or service nature, quality,
quantity, intended purpose, value, geographical origin,
or other characteristics, or the time when the goods or
the service is made, or
2. in everyday parlance or in accordance with industry-accepted
trade practices have become customary for the product
or the service.
In determining whether the trademarks have
distinctive character should take into account that it may acquire
ability through use.
Acquisition of exclusive rights
All rights reserved by registration
section 6 of the exclusive rights to trademarks may be acquired by registration
in the trademark register pursuant to Chapter 2. The register kept by the Patent-
and registration office.
Exclusive right to a trademark can also be acquired through
international registration in accordance with Chapter 5.
All rights reserved by processing
section 7 of the exclusive rights to trademarks may be acquired without
registration through their incorporation.
A trademarks shall be deemed established if this country
in a significant part of the circuit to which it is addressed
(the public) is known as the designation of the goods or
services provided thereunder. If
trade sign is established only in a part of the country,
apply exclusive rights only within that area.
The exclusive right to the trade name and trademarks
§ 8 the holder of a corporate name or a different nutritional characteristics
has the exclusive right to sign as trademarks. If
business sign is protected only within a part of the country,
apply exclusive rights only within that area.
Anyone use their names as trademarks have exclusive rights
to sign as trademarks, if the name has
distinctive character for the goods or services for which the
is used for. If the name is only used in one part of the country,
apply exclusive rights only within that area.
Characteristics which cannot be covered by the exclusive right
§ 9 the exclusive right cannot be acquired to sign only
consists of the shape which results from the nature of the goods themselves, a form that is
necessary to obtain a technical result, or the shape which
gives substantial value to the goods.
The sole meaning of
section 10 of the exclusive rights to trademarks in accordance with §§ 6-8 means
No one other than the proprietor, without its consent, in
trade or business may use a character that is
1. identical goods characteristic of goods or services by
the same kind,
2. the sign identical with or similar to the goods for goods or
services of the same or similar nature, if there is a risk of
confusion, including the risk that the use of the sign
leads to the perception that there is a correlation between the
using the mark and the sign, the holder of the goods or
3. identical with or similar to trademarks as here in
the country is known in a substantial part of the relevant public, if
the use relates to goods or services and take unfair
advantage of, or without due cause harm
distinctive character or reputation of the goods.
That use is considered
1. to provide the goods or their packaging with the character,
2. to offer the goods for sale, bring them on
the market, stocking them for these purposes under that sign, or offering or
provide services under the sign;
3. importing or exporting the goods under the sign, or
4. using the sign on business papers and in advertising.
Limitation of exclusive right
section 11 of the exclusive rights to trademarks does not give any
independent protection for part of the sign that is missing
distinctive character.
The exclusive right to trademarks does not preclude any
else, when it is in accordance with honest practices in industrial or commercial matters, in
trade or business use
1. their firm, its name or address,
2. data concerning the nature, quality of the goods or services,
quantity, intended purpose, value, geographical origin,
or other characteristics, or the time when the goods or
the service is made, or
3. brand sign, if it is necessary to indicate the
or the intended purpose, especially in the case of
accessories or spare parts.
Exclusive right to a collective, guarantee or certification mark
does not preclude any other commercial uses
of signs or designations indicating geographical origin, if
It is in accordance with honest practices in industrial or commercial matters. Exclusive right to a
such a mark does not mean that the person has the right to use a
geographical name does this.
The exhaustion of exclusive right
section 12 of the exclusive rights to trademarks shall not prevent
someone other than the holder uses the sign for goods
the holder, or someone with the holder's consent, brought out
under the sign of the market in the European economic
area.
The first paragraph does not apply when the condition of the goods changed or
deteriorated since they had been put on the market, or when there is
other reasonable grounds for the proprietor to oppose
the use.
Conflicting rights
Preferential rights
section 13 Makes multiple claims on the exclusive rights to trademarks which are
identical or similar to each other in the manner set out in section 10,
It shall have the primacy that has the earliest basis for his claim,
subject to section 14 or 15.
Effect of acquiescence (registered trademarks)
14 § right to a registered trademark shall apply in addition
of an earlier right to trademarks that are identical
or similar in the manner set out in section 10, if the
1. the application for registration is made in good faith, and
2. the holder of the earlier right has been aware of and found himself
in the later mark, after sign-up the day has been used
here in the country for five consecutive years.
If the trademark has been used for only some of the goods or
services for which it is registered, it shall be valid only
for those goods or services.
Effect of acquiescence (established trademarks)
section 15 right to an established trademarks shall apply to
side of an older right to trademarks which are
identical or similar in the manner set out in section 10, if the
the holder of the earlier right has not, within a reasonable time, taken
measures to prevent the use of the sign.
Coexistence
section 16 of the cases referred to in paragraphs 14 and 15 do not prevent law
to the later use of the earlier sign of goods.
At the request of either party, a court in the cases
referred to in section 15 if it is reasonable to decide that one of the characteristics,
or both, may be used only in particular ways, such as in a
specific performance or with the addition of local indication or
holder's name. Such a decision shall not refer to a
registered trademark.
Obligation to provide data
section 17 by the publication of dictionaries, manuals or other similar
printed journals are the journal's author, Publisher or
Publishers, at the request of the holder of a registered
brand, obliged to ensure that the trademark is not reproduced in
the script without showing that the mark is protected by
registration. The same applies if such a publication is made
available electronically by someone referred to in Chapter 1. § 9
freedom of expression.
Anyone who does not comply with a request referred to in the first subparagraph shall be obliged
to help ensure that a correction is published in the manner and
to the extent that is reasonable and to pay for this.
Chapter 2. National registration of trademarks
Application for registration
Application content
section 1 of The who wants to register a trade mark shall apply
with the Swedish Patent and registration office. The application shall contain
1. the applicant's name or business name and address,
2. details of the delegate name and address,
3. a clear reproduction of the mark, and
4. a list of the goods or services for which the trade mark
and what classes they belong to (the goods or
establishment plan).
An application for registration of a collective, guarantee or
health mark shall also contain information on the conditions
that apply to the mark must be used.
The applicant shall pay the prescribed application fee.
The Government or the authority, as the Government determines
announces the details of the application process.
Amendment of the application
section 2 of the applicants can do such insignificant modifications in the
mark applied for, which does not affect the overall impression. In addition,
the applicant restrict the list of goods or services in the application.
Division of the application
section 3 of the application which relate to several goods or services may be divided into
two or more applications that the goods or services
is allocated to. The applications shall be considered as having the same filing date and
the priority of the original application.
General terms and conditions of registration
section 4 of the trade mark shall not be registered if it consists exclusively of
the shape which results from the nature of the goods, the shape which is necessary for
to obtain a technical result or the shape that gives the product a
significant value.
§ 5 a trademark to be registered must have
distinctive character for the goods or services to which it relates.
section 6 of the Characters or names, which in the course of trade is used
to indicate the geographical origin of the goods or services
may be registered as collective, guarantee or certification marks
Although according to Chapter 1. 5 section 1 is missing
distinctive character.
Obstacles to registration on the basis of the account of General
interests
section 7 of the trade mark shall not be registered if the
1. contrary to the law or the good
Customs or public order;
2. is liable to mislead the public with regard to the goods or
service, quality, geographical origin, or any
other circumstances,
3. without permission contains such a governmental or
international designation or municipal arms
that according to law may not be used
improperly as a brand, or something that can easily be confused
with such a designation, or such a weapon, or
4. without permission includes such characteristics as
According to the law (2014:812) about the protection of identifiers in the
international humanitarian law must not be used
improperly as a trademark, or anything that may be confused with
such a sign.
A trade mark may not be registered if the brand
contains or consists of anything that is liable to be perceived
as a geographical indication for wine or
spirits and it relates to wine or spirits of different
origin. Law (2014:814).
Obstacles to registration on the basis of other rights
section 8 of the trade mark shall not be registered if the
1. is identical to an older trademarks for goods or
services of the same type,
2. is identical with, or similar to, an earlier trademarks for
goods or services of the same or similar nature, if there are
a likelihood of confusion, including the risk that the use
by Mark leads to the perception that there is a
relationship between the mark and the holder of the
trade sign,
3. is identical with, or similar to, an earlier trademarks as
is known in a substantial part of the relevant public, and
the use of the trademark would take unfair advantage of
or without reasonable cause to harm
distinctive character or reputation of the goods, or
4. can be confused with a mark which was in use in this country
or abroad by someone else at the time of application and
still used, whether the applicant was acting in bad faith at the
the time of the application.
With the trademarks referred to in the first subparagraph 1-3
1. a trade mark registered under this chapter,
2. a trade mark registered by an international
trademarks registered under Chapter 5. a validity in
Sweden
3. a movement characteristic is established, if it is established
the protection applies in a substantial part of the country, as well as
4. a Community trade mark.
§ 9 the obstacles for registration of trade marks referred to in section 8
first paragraph 1-3 apply correspondingly in case of
1. a registered firm name used in business activities, and
2. such a name or such other nutritional characteristics than
a registered business name which is protected under Chapter 1. section 8, if
the protection applies in a substantial part of the country.
section 10 of the trade mark shall not be registered if it contains or
consists of
1. something that is likely to be perceived as someone else's firm,
2. something that is likely to be perceived as someone else's distinctive
surname, widely-known artist's name or a similar name, if
the use of the brand would result in a disadvantage for the carrier of
name, and if the name is clearly not referring to someone then
long deceased,
3. a picture of someone who is clearly not referring to
any long since deceased, or
4. anything that infringes someone else's copyright in a
literary or artistic work or anyone else's right to
a photographic image or pattern.
section 11 the provisions of §§ 8-10 does not preclude
registration, if the holder of the earlier right admits
the registration.
Except for a portion of a mark from the protection
section 12 If a trade mark contains an element which cannot
recorded solo for himself, and there is an obvious risk of
that registration of the mark, leading to uncertainty about the
the sole extent of, this element explicitly
be exempt from protection by registration.
If the element later meets the requirements for registration,
part or the brand as a whole recorded after new
application without such a derogation referred to in the first subparagraph.
Classes of goods and services
paragraph 13 of the Trademarks to be registered in one or more classes of goods
or services. The Government or the authority that the Government
determines announces the Division into
classes.
Priority
section 14 of the application for registration of a trademark in Sweden shall,
in relation to other applications or to use as
made of other trademarks, is considered to be made at the same time with a
application for registration of the trade mark that the applicant, or any
who have transferred their rights to the applicant, first made in a
other country, if the conditions in the second to fourth paragraphs are
met.
The previous application must have been made in
1. another country which is party to the Paris Convention 20
March 1883 for industrial property (SUN 1970:60),
2. a State which is connected to, or an area that is
connected to the agreement establishing the
the World Trade Organization (SUN. 1995:30), or
3. any other State or another area where Swedish applications
gives the right to the corresponding priority there, and if the legislation
There essentially are consistent with the Paris Convention.
Application for registration of the trademark in Sweden shall be made within
six months from the time the application was made in the other country
or area.
An applicant wishing to have priority to request it before
trade mark has been registered. The applicant shall provide data on
1. who made the earlier application,
2. where and when the previous application was made, and
3. the earlier application number, as soon as possible.
section 15 of the Swedish Patent and registration office, the applicant may submit to the
within a certain period of time force the right of priority by giving in
1. proof of applicant's name and if the date of filing, issued
by the authority which received the previous application, and
2. a certified copy of the same authority of the application and, in
where appropriate, a picture showing the brand.
The prescribed period may not expire earlier than three months
from the filing of the application for registration of the trade mark in
Sweden.
The applicant does not comply with the order, does not apply to the right to
priority. The applicant shall be informed of this in the order.
section 16 of The application for registration of a trademark shall, in
relation to other applications or to use as
made of other trademarks is considered to be made the first time.
the trademark used for goods or services in connection with
viewing on an international exhibition under the Convention
on 22 november 1928 on international exhibitions (SUN
1996:30), about the conditions in the second and third paragraphs are
met.
Application for registration of the trade mark shall be made within six
months after the trademark the first time it was used on the
the exhibition.
An applicant wishing to have priority to request it before
trade mark has been registered, as well as view when the brand was used
at the exhibition. The applicant must also submit the documents
the applicant wishes to rely upon in order to show that the exhibition was such
referred to in the first subparagraph.
The processing of an application for registration
The examination of the application
section 17 of the application does not meet the requirements in article 1, first and second
subparagraphs and paragraph 2 or is there any impediment to registration
According to §§ 4-10, the Swedish Patent and registration office shall submit to the
the applicant to remedy the deficiencies or to forward their opinion within a
certain period of time. In the notice, it shall be informed that the application can
be cancelled, if the applicant fails to reply in due time. Has
the applicant did not pay the application fee, the Agency shall submit to the
the applicant to pay the fee. In the notice, it shall be informed
that the application may be cancelled, if the applicant does not
pay on time.
The applicant does not respond in a timely manner on a notice under
the first paragraph, or fails to pay to the applicant
application fee after injunction to pay it, may
The Swedish Patent and registration office cancel the application.
section 18, there is a shortage or an obstruction under section 17 of the first
the first sentence even after the applicant submitted observations
themselves, the total or partial refusal, unless there are
reasons to submit to the applicant.
Depreciation on withdrawal
section 19 of the applicant Revokes the application, case closed.
Resumption of a deprecated application
section 20 of the Swedish Patent and registration office to resume an application
written off pursuant to section 17, if the applicant, within two
months after the end of the prescribed period to supplement or
change the application.
The applicant shall pay the prescribed reinstatement fee.
Transmission of the application on the basis of better right
21 § If someone claims before the Swedish Patent and registration office to
He or she has a better right to the brand than the applicant, and
the thing is uncertain, the Agency shall submit to him or her to
may bring an action before the Court within a certain period of time. If an action is not brought within
time, the claim may be disregarded at the continuing
the examination of the application. The notice shall contain a
Enlightenment on this.
There is a case for greater rights to the brand in the courts,
The Swedish Patent and registration office to explain the matter on
registration incumbent until the goal settled definitively.
section 22, if any shows before the Swedish Patent and registration office to
He or she has a better right to the brand than the applicant, to
the work on the request to transfer the application to him or her. The
as the application is passed on to pay a new application fee.
The application must not be modified, cancelled, refused or upheld
until the claim has been tried.
Registration
section 23 on the application for registration of a trade mark satisfies the
requirements referred to in article 1, first and third subparagraphs of paragraph-2 and the
There is no obstacle to registration in accordance with §§ 4-10,
The Swedish Patent and registration office shall enter the trademark in the
trademark register. The decision shall be published.
If an application is refused, in part, the trade mark shall be entered in
trademark register and announced for the remaining goods or
services when the decision has become final.
As a collective, guarantee or certification mark shall be registered
should also provide data on the terms and conditions that apply to the brand
be used be entered in the register and published.
Objection
Time limit for objection and opposition content
section 24 If the Swedish Patent and registration office has announced a
the registration of a trade mark may be filed against the opposition.
The complaint shall be submitted to the Office within three months from
release day. If the opposition does not have arrived at the right time,
should it be rejected.
The objection shall contain
1. identity of the objector name or business name and address,
2. details of the delegate name and address,
3. the registration against which opposition is entered, and
4. indication of the circumstances invoked as the basis of
the objection.
The Government or the authority, as the Government determines
announce details relating to the opposition proceedings.
Deficiencies in the notice of opposition
section 25 if the opposition is so flawed that it cannot be
the basis for a review of the case, the Patent and
Registration Office submit to the opponent to remedy the deficiencies
within a certain period of time. Failure to adhere to the injunction, should the opposition
is rejected. The opponent should be informed of this in the order.
Notice of opposition
section 26 of the Patent Office shall inform the holder
of the registered trade mark if the opposition and give it
opportunity to submit its observations within a specified period.
If it is clear that the plea is unfounded, it shall
immediately rejected.
Examination of a withdrawn complaint
section 27 is revoked, the opposition, the opposition proceedings may nevertheless
be completed if there are special reasons. The opposition procedure
may not be completed if the basis for the objection
only invoked for refusal referred to in §§ 8-10.
Decision on the objection
section 28 Has an objection made to the Patent and
Registration Office, if there is any obstacle referred to in 4-10
§§ against registration, cancel the registration in whole or in part.
An objection which is wholly or partly based on an obstacle
referred to in §§ 8-10 should be dismissed accordingly if the
have been made by someone who does not object in their own interest and
the proprietor of the registered trade mark so requests.
If the registration is due to an objection has been waived in whole
or in part, the registration be removed from the register
correspondingly when the decision has become final
force. The decision shall be published.
Changes to a registered trademark
Insignificant changes to a registered trademark
section 29, on application by the proprietor of a registered trade mark may
it in the register made such insignificant modifications in
the brand that does not affect the overall impression.
An applicant for a change to a trademark shall pay
the prescribed fee.
When a registered trademark is changed, this must be recorded in the
trademark register and published.
Division of a registration
section 30 of the registration of a trade mark relating to several articles
or services may be divided into two or more registrations
the goods and services is allocated to. Registrations will be
deemed to have the same filing date and priority date of the original
registration
Modification of terms and conditions for use of collective, guarantee or
certification marks
section 31, if, after the registration is done any modification of the
conditions under which a collective, guarantee or
the health mark must be used, the holder shall notify the
for the Swedish Patent and registration office.
The amended terms shall be entered in the trademark register and
be published.
Duration of registration
32 § registration is valid from the date on which the application for
the registration came in to the Swedish Patent and registration office and the
ten years from the date of registration.
Renewal of a registration
33 § Registration can be renewed each time for a period of ten
years from the expiration of the previous registration period. A
application for renewal shall be submitted to the Patent and
Registration Office no earlier than one year before or later than six months
After the registration period.
The applicant for renewal shall pay the prescribed
renewal fee. A payment of the renewal fee as is done
within the period referred to in the first subparagraph shall be regarded as a
the application for renewal.
A decision to renew a registration shall be entered in the
trademark register and published.
34 section if it is not apparent from the registration as
application for renewal relates or if the renewal fee has not been
been paid, the Patent Office shall submit to the
the applicant to remedy the deficiencies. In order to be
a statement that the application may be cancelled if
the applicant does not respond in a timely manner.
The applicant does not respond in a timely manner on a notice under
the first paragraph, or fails to pay to the applicant
renewal fee after injunction to pay it, may
The Swedish Patent and registration office cancel the application. Is there a
deficiency referred to in the first subparagraph, even after the applicant has
given its opinion, the application for renewal is rejected, unless there are
reasons to submit to the applicant.
The Swedish Patent and registration office to resume an application
attributed to pursuant to the second subparagraph, if the applicant, within two months
After the expiry of the prescribed period complements its application.
The applicant shall pay the prescribed reinstatement fee.
Cancellation of registration
35 section if the holder does not renew the registration or if he
or she desires that it should be removed in whole or in part, shall
registration be removed from the register in the appropriate
extent. The decision shall be published.
Chapter 3. Cancellation of registration
Grounds for revocation
General principles
section 1 of the registration of a trade mark may be cancelled if
1. the mark is registered in contravention of this Act;
2. registration is still against the law, and
3. the right to the mark still do not get made up in accordance with Chapter 1. 14
or section 15.
A registration may also be revoked if
1. the trade mark, as a result of the actions of the holder or
inaction, in trade has become the common name for
such goods or services for which registration is sought,
2. the brand has come to be contrary to law or other
Constitution or against morality or public order, or
3. the mark has become liable to mislead the public in
question about product or service nature, quality, geographical
origin, or any other circumstance, and this is a consequence
the use or the holder or any of his or her
consent of the mark for those goods or services
It is registered for.
In the cases referred to in the first subparagraph, the registration is not
lifted on the grounds that under Chapter 2. section 8 is an obstacle
against it, if the barrier consists of an earlier registered trade mark
and the earlier mark does not comply with the requirements of the use according to
2 §.
Non-use
section 2 of the registration of a trade mark may be revoked if the holder
not have made to genuine use of the mark in Sweden for the goods
or services for which it is registered within five years from the
date of issue of the registration has been finally determined or within
a period of five consecutive years. Registration may not be cancelled
because of non-use if there are valid reasons
for the trade mark has not been used.
With such a use referred to in the first subparagraph are equated
1. the trade mark in a form other than the data subject,
If the variance relates only to details that do not alter the
distinctive character, and
2. to goods or their packaging bears the mark
in this country solely for export purposes.
With a mark used by the proprietor as equivalent to
the brand name is used by someone else with the holder's consent.
Registration may not be cancelled if the trademark has been used for
the time between the end of the five-year period and filing of the
application for cancellation of the registration. Use beginning
or resumed after the five-year period and within three
months prior to the filing of the application for revocation must be submitted
without respect, if the preparations to begin or
resume use were taken after the owner received
aware that the application for revocation could be made.
Collective, guarantee or certification marks
section 3 of the registration of a collective, guarantee or
the health mark may be cancelled, except on the grounds set out in 1
or, if section 2
1. conditions of use of the mark has changed and
holder has not notified this to the Patent and
Registration Office pursuant to Chapter 2. section 31, or
2. the mark has been used in a way that is not consistent with
conditions of use and the proprietor has not taken
reasonable measures to prevent that use.
Partial cancellation
section 4 If there are grounds for cancellation of a registration only
for some of the goods or services for which a mark has
registered, the registration be cancelled for these goods
or services.
Approach
§ 5 the one who would initiate proceedings to terminate a
registration may bring an action in court, or apply for
cancellation of registration at the Swedish Patent and Registration Office
According to 6-21 sections (administrative revocation). In Chapter 2. section 28 is available
the provisions relating to the registration of a trade mark may
lifted after someone made an objection to the
the registration.
A procedure to terminate a registration pursuant to paragraph 1 of the
second paragraph, 2, 3 or 4 section or Chapter 2. 4, 5 or 7 of may
also be initiated by an authority. Government Announces
rules about which authority may do so.
Law (2014:253).
Administrative revocation
Application content
section 6, an application for administrative revocation should contain
1. identity of the parties to the extent specified in chapter 33.
section 1 of the code of judicial procedure,
2. a claim for rescission and the registration
the claim relates, and
3. a description of the circumstances invoked as the basis
for the application for revocation.
An applicant shall pay the prescribed application fee.
The Government or the authority, as the Government determines
announces the details of what the application should
contain.
Deficiencies in application
section 7 of the application is so flawed that it cannot be added to
basis for the handling of the case, the Patent and
Registration Office order the applicant to remedy the deficiencies
within a certain period of time. The same applies if the applicant has not paid the
the application fee.
The applicant does not comply with the order, the application shall be rejected.
The applicant shall be informed of this in the order.
The application shall also be rejected if it relates to any other action than
cancellation of a registration, or if there is anything else
obstacles to it.
Depreciation on withdrawal
section 8 applicant Revokes the application, case closed.
Unfounded applications
section 9 if it can be assumed that the application is unfounded, the application
be treated as if the owner contests it. In such a case
shall section 13 apply.
Injunction for the holder to be heard
section 10 of the Patent and Registration Office Takes up the application to
review, the Agency shall submit to the holder of the registration
to submit observations within a specified period from the notification of the application
holder.
In the notice, the holder is asked to
1. specify if the application is granted or are contested and, if the application
are contested, the reasons for opposition, and
2. provide the information about himself as referred to in chapter 33. 1 §
first-third paragraphs of the code of judicial procedure, to the extent
the information contained in the application are incomplete or incorrect.
In the notice, it shall be advised that the matter may be
be determined even if the holder does not respond. The Government or the
authority as the Government Announces detailed
regulations on what order should contain.
Notification of injunction
section 11 of the order under section 10 shall be notified to the holder.
Communications shall be made in the manner provided for in the code of judicial procedure
apply for service of summons in civil proceedings.
A copy of the application documents shall be annexed to the notice
When documents contain anything beyond what is apparent from the
the injunction.
The applicant shall ensure that service is effected, apply 32 Cape. section 2 of the
the code of judicial procedure.
section 12 of the Patent and Registration Office Has not been able to communicate
the order, the Agency shall consider whether the service attempts to
continue or whether the applicant should be offered to ensure that
the service takes place. Consideration should be given to the work and the cost
until then have gone into service, the conditions
to continued attempts to succeed as well as the circumstances in
otherwise. Assuming the applicant does not offer application shall be rejected.
The applicant shall ensure that service is effected, apply 32 Cape. section 2 of the
the code of judicial procedure.
/Rubriken expires U: 2016-09-01/
Submission to District Court
/Rubriken entry into force: 2016-09-01/
Surrender to the Court
section 13/expires U: 2016-09-01/
If the owner timely opposition entirely or
in part, the Swedish Patent and registration office shall notify the applicant
about this. The applicant would like to uphold his claim, he or
She may request that the case or, if the opposition concerns only a
part of the claim, the matter of the disputed part shall be submitted
to the District Court.
A request for surrender shall be submitted to the Patent and
Registration Office within one month from the date of
notification of the statement of opposition was sent to the applicant. In their
request, the applicant shall indicate the facts and the evidence
invoked, and indicate what should be proved by any evidence.
The applicant shall submit the written evidence and other
acts invoked.
The applicant has requested the handover in due time, the Patent and
Registration Office, submit the case to a District Court
According to the documents, is competent. The applicant has not
requested delivery at the right time, should the matter be depreciated in the part
It is disputed.
section 13/comes into force in: 2016-09-01/
If the owner timely opposition in whole or in part, the Swedish Patent and registration office inform the applicant accordingly. The applicant would like to uphold his claim, he or she may request that the case or, if the opposition relates only to a part of the claim, the matter of the disputed part shall be submitted to the Court.
A request for surrender shall have been received by the Swedish Patent and registration office within one month from the date of notification of the statement of opposition was sent to the applicant. In its request, the applicant shall indicate the facts and the evidence relied upon, as well as specify what should be proved by any evidence.
The applicant shall submit the written evidence and other documents referred to.
If the applicant has requested delivery at the right time, the Swedish Patent and registration office, submit the case to the Court of Justice. If the applicant has not requested a delivery at the right time, should the matter be depreciated to the extent that it is disputed. Law (2016:228).
section 14/expires U: 2016-09-01/
A notice that the holder contests the application
According to section 13, the first paragraph shall contain a statement
1. the applicant may request transfer to District Court,
2. the period within which the request should be submitted,
3. what such a request will contain, and
(4) as otherwise provided in section 13.
the entry into force of section 14/in: 2016-09-01/
A notice that the holder contests the application under section 13, the first paragraph shall contain a statement
1. the applicant may request the submission to the Court,
2. the period within which the request should be filed, 3. what such a request will contain, and 4. as otherwise provided in section 13.
Law (2016:228).
Cancellation of registration
section 15 Has not challenged the application on time,
The Swedish Patent and registration office cancel registration in accordance
with the application. Have the holder denies a part only of the application,
will work to lift the registration in the undisputed part.
Recycling
16 §/expires U: 2016-09-01/
The holder of a registration that has been lifted under section 15,
apply for recycling. Such an application shall be submitted to the
The Swedish Patent and registration office within one month from the date of
the decision.
Holder has applied for recycling at the right time, the Patent-
and registration office shall submit the case to a District Court
According to the documents, is competent. In other cases, the
Agency shall reject the application.
16 section/entry into force: 2016-09-01/
The holder of a registration that has been lifted under section 15,
apply for recycling. Such an application shall be submitted to the Patent and registration office within one month from the date of the decision.
If the holder has applied for recycling at the right time, the Swedish Patent and registration office, submit the case to the Court of Justice. In other cases, the authority shall reject the application.
Law (2016:228).
Notifications
section 17 of the notification of cancellation must be sent to the applicant and
holder.
Rejected an application for revocation, the Swedish Patent and
Registration Office inform the applicant accordingly. Rejected a
application for recycling, will the work inform the holder
this. Announcing the work of any other decision which means that
the case is determined, both the applicant and the holder shall be informed
If the decision, unless it is manifestly unnecessary.
Res judicata
section 18 since the time of the application for recycling, have a
decision for revocation under section 15 of res judicata in accordance with the
applies to a judgment in a civil case which have become final.
/Rubriken expires U: 2016-09-01/
The further proceedings before the District Court
/Rubriken entry into force: 2016-09-01/
The continuation of the proceedings in court
§ 19/expires U: 2016-09-01/
If a case is submitted to a District Court, the action
are considered seized when the application for administrative revocation came in to
The Swedish Patent and registration office. The documents which the applicant
lodged must be regarded as a lawsuit. The subpoena shall be considered to
issued when the Court decides on the course of the proceedings.
the entry into force of section 19 of/in: 2016-09-01/
If a case is submitted to the Court, the action is considered seized when the application for administrative revocation came in to the Swedish Patent and registration office. The documents submitted by the applicant should be considered as the lawsuit. Subpoena shall be considered granted when the Court decides on the course of the proceedings.
Law (2016:228).
section 20 U:2016-09-01/expires by law (2016:228)./
If a District Court, which gets a goal from Patent and
Registration Office or from another district court, finds that the
It is not apparent from the documents before the Court that the District Court has jurisdiction to
case, it shall transfer the case to another
District Court can have jurisdiction. The decision of the District Court of
surrender may not be appealed.
section 21/expires U: 2016-09-01/
If a case is submitted to a District Court should
the plaintiff paying the prescribed fee. In such a case
It should set out in chapter 42. 3 and 4 of the code of judicial procedure if
filing fee apply to the surcharge.
If a case where Swedish Patent and registration office has decided
If the cancellation is rejected by the District Court on the grounds that
additional fee have not been paid, the Court shall at the same time
eliminate the Swedish Patent and Registration Office's decision.
Law (2014:253).
the entry into force of section 21/in: 2016-09-01/
If a case is submitted to the Court the plaintiff to pay the prescribed fee. In such a case, as set out in chapter 42. 3 and 4 of the code of judicial procedure on filing fee apply to the surcharge.
If a case where Swedish Patent and registration office has decided on the cancellation is rejected by the Court on the basis that the additional levy is not paid, the Court shall at the same time eliminate the Swedish Patent and Registration Office's decision.
Law (2016:228).
Cancellation of registration
section 22 if the registration of a mark has been lifted completely or
partly by the Swedish Patent and registration office in accordance with section 15, or by
a court, the registration be removed from the register in
the equivalent extent once the decision has become final.
The decision shall be published. Law (2014:253).
Chapter 4. Registration, such as in the home country and the representative for foreign
applicants and holders
Registration, such as in the home Member State
paragraph 1 of the applicant's country of origin Is a State that is connected to the
The 1883 Paris Convention for the protection of industrial property of 20 March,
or a State that is connected or an area that is connected
to the agreement establishing the World Trade Organization,
a trade mark registered in the country of residence of the applicant
be registered in Sweden as it is registered there, if not
There are obstacles, under section 2.
Is the applicant's home country, any other State or any other area
than those referred to in the first subparagraph, a brand that is
registered for the applicant in the country of residence is registered in Sweden
as it is registered there, if
1. the corresponding right is granted in the case of a Swedish entry in the
State, or in that area,
2. where the legislation substantially conform to
The Paris Convention, and
3. There are no barriers under section 2.
An applicant who requests the registration under this section shall
view that the trade mark is registered for the applicant in the country of residence of
the goods or services for which the application includes. The same applies to
in case of renewal of a mark registered under this
clause.
section 2 of the trade mark shall not be registered under section if it completely
devoid of any distinctive character, or if there are any obstacles to
registration pursuant to Chapter 2. section 4, section 5, second subparagraph and 6-11 sections.
A trademark that has been registered under section, but otherwise
would not have been able to be registered in this country, not protection
due to registration in further Mo or for longer than
It is in the holder's country of residence.
Agents and service
Counsel for the applicant for trademark registration
section 3 of the Swedish Patent and registration office may submit an applicant,
Neither resident in Sweden or engaged in
trade or business that has been established here, to appoint and to
the work, notify a representative authorised to accept service in
case and domiciled in this country.
If the applicant does not comply with the order, get the service done by
that the document is sent by mail to the applicant during his/her
last known address. The service shall be deemed to have taken place when this
have been made. The applicant shall, in order to be informed of the result of
that the order is not complied with.
Agents for the holder of a trademark registration
section 4 of the proprietor of a trademark registration, which has neither
resident in Sweden or engaged in a commercial activity that has
established here, shall have an agent residing in this country.
The representative shall have the authority to order the holder to receive
the service of writs, summonses and other documents in case
and cases about the brand, with the exception of mood in criminal cases
and by requiring parties to appear personally before the
Court. The representative shall be notified to the Patent and
Registration Office and be entered in the trademark register.
If the holder has not notified any of the agents, the service in the
rather than take the form of the document to be served is sent to
holder during the in the trademark register noted
the address. If no complete address is not recorded in the
the register, get the service done by the Act is held
available at the Swedish Patent and registration office and a
message about this and about the main content of the document
is announced. The service shall be deemed to have taken place when this has been done.
Chapter 5. International trademark registration
What is meant by international trademark registration
paragraph 1 of an international trademark registration means a
the registration of a trade mark in respect of which the International Bureau of
The world intellectual property organization
(International Office) has made in the international
trademark register pursuant to the Protocol on 27 June 1989
The Madrid Agreement of april 14, 1891, on the international
registration of marks (SUN 1994:82).
The Swedish Patent and Registration Office's trade mark Office in
Sweden in matters concerning international trademark registration.
Application for international trademark registration
Who can apply for an international trademark registration
section 2 of The hold or have applied for a Swedish
trademark registration, and who is a Swedish citizen, has
resident in Sweden or engaged in a commercial activity that has
established this may apply for the international registration of
the brand.
Where the application is filed and its contents
section 3 of the application for international trademark registration shall
be addressed to the International Bureau but filed with Patent-
and registration office. The application shall be written in English
and contain
1. the applicant's name or business name and address,
2. details of the delegate name and address,
3. data regarding the number and date of the Swedish registration
or the application for registration that the international application
based on,
4. a clear reproduction of the mark,
5. a list of the goods or services for which the trade mark
requested registered for and what classes they belong to (the trade-
or establishment plan),
6. indication of what countries the international
trade mark registration shall apply, and
7. the other information on the representation of the mark,
the applicant's ties to Sweden and other things that an application should
contain in accordance with regulations issued by the Government or
by the authority that the Government determines.
The applicant shall pay the prescribed application fee.
The Government or the authority, as the Government determines
announces the details of the application process.
The processing of the application
section 4 of the Swedish Patent and registration office shall verify whether the application
meets the requirements of section 3 and if the information in the application is true
consistent with the information contained in the registration as
the applicant or has applied in Sweden.
Meet the application to the requirements referred to in the first subparagraph,
The Swedish Patent and registration office order the applicant to remedy
the deficiencies within a specified time. The same applies if the applicant does not
have paid the application fee. Follow the applicant does not
the injunction, should the application be dismissed. The applicant shall be informed of
This in the order.
Meet the application requirements, the Swedish Patent and Registration Office
send a certificate to that effect to the International Bureau
together with the application.
§ 5 If the applicant withdraws the application before the Patent and
Registration Office sent the certificate and application to
International Bureau, should the case be dismissed.
Resumption of a deprecated application
section 6 of the Swedish Patent and registration office to resume an application
written off pursuant to paragraph 4(2), if the applicant, within two
months after the end of the prescribed period to supplement or
change the application.
The applicant shall pay the prescribed reinstatement fee.
Application for an international registration,
apply for additional countries
section 7 of the holder of an international registration
based on a Swedish registration or application for registration
may apply to the international trade mark registration
to apply in additional countries.
An application under paragraph 1 shall be submitted to the International
the Agency.
If the applicant is a resident of Sweden, receives an application referred to in the first
subparagraph instead be submitted to the Patent and registration office.
Such an application should be written in English. Government or
the authority that the Government Announces detailed
regulations on the content of the application.
Application for an international registration,
apply in Sweden
The examination of the application
section 8 If the Swedish Patent and registration office receives a notice
from the International Office if someone has applied for a
international trademark registration shall apply in Sweden,
work to examine whether there are any obstacles to this.
Such obstacles if it would have been a barrier against
a national registration of the trade mark in accordance with Chapter 2. 4-11 sections.
If the Swedish Patent and Registration Office considers that there are obstacles
in accordance with the second subparagraph, shall work give the International Office
Declaration of the international trade mark registration completely
or in part cannot be valid in Sweden. Such a notice shall
given within 18 months from the date of the notification referred to in the first
subparagraph, and contain the reasons why registration cannot
apply here.
Decision on the international trade mark registration no
to be valid in Sweden
section 9 Has the Swedish Patent and Registration Office submitted a statement to the
The International Bureau referred to in section 8, third paragraph, should work
at the earliest three months after the notice was left to decide
the international trademark registration in whole or in
in part, should not apply in Sweden, if it still exists
any obstacles described in Chapter 2. 4-11 sections.
Introduction of the brand in the trademark register
section 10, there is no obstacle as described in Chapter 2. 4-11 sections,
Swedish Patent and registration office shall enter the trademark in the
trademark register and announce to the international
trademark registration is valid for Sweden.
If the Swedish Patent and registration office has decided that the
international trademark registration in part does not apply in
Sweden, the trade mark shall be entered in the register and
announced for the remaining goods or services when the decision has
become final.
Objection
11 § When the Swedish Patent and registration office has announced that the
international trademark registration is valid for Sweden,
objection made against that it applies here. The objection shall have
come in to the Office within three months from the release date. If
the opposition has not been received in time, it shall be rejected.
The objection shall contain
1. identity of the objector name or business name and address,
2. details of the delegate name and address,
3. indication of the international trademark registration
the objection relates, and
4. indication of the circumstances invoked as the basis of
the objection.
The Government or the authority, as the Government determines
announce details relating to the opposition proceedings.
section 12 if the opposition is so flawed that it cannot be
the basis for a review of the case, the Patent and
Registration Office submit to the opponent to remedy the deficiencies
within a certain period of time. Failure to adhere to the injunction, should the opposition
is rejected. The opponent should be informed of this in the order.
paragraph 13 of the Swedish Patent and registration office shall inform the holder
of the international trade mark registration on the opposition
and shall give him an opportunity to comment within a specified period.
If it is clear that the plea is unfounded, it shall
immediately rejected.
section 14 Revoked the opposition, the opposition proceedings may nevertheless
be completed if there are special reasons. The opposition procedure
may not be completed if the basis for the objection
only invoked for refusal referred to in Chapter 2. 8-10 sections.
section 15 Have an objection made to the Patent and
Registration Office, if there is an obstacle within the meaning of
Chapter 2. 4-11 sections against the international
trademark registration is valid for Sweden, decide to
the registration in whole or in part should not apply here. Otherwise,
the opposition shall be rejected.
An objection which is wholly or partly based on an obstacle
described in Chapter 2. 8-10 section shall be rejected in the corresponding extent,
If it has been made by someone who does not object in their own interest
and the holder of the registration request.
A decision that the registration should not apply in Sweden,
be based only on a factor which is communicated to the
International Bureau within 18 months from the date of
the notification referred to in paragraph 8. Have time for
objection pursuant to § 11 expired after this deadline, the decision
However, based on the facts as communicated to the
International Bureau within one month from the time of
objection expired. This is true provided that
The Swedish Patent and registration office within 18-månadersfristen have
notified the International Bureau that a
such a decision may be communicated later.
If the Swedish Patent and Registration Office on the basis of an objection
Decides that the registration in whole or in part shall not be applicable in
Sweden, the registration be removed from the register in
the equivalent extent once the decision has become final.
The decision shall be published.
The effect of a decision to an international
registration will be valid in Sweden
paragraph 16 of the decision to an international trademark registration
to be valid in Sweden has effect from the date on which the international
the Agency, in the notification referred to in paragraph specified for
the international trademark registration or for a
later request that the registration will be valid in Sweden.
An international trademark registration in force in Sweden
applies in the same way as a national trademark registration.
The provisions of Chapter 4. should not, however, apply.
It provided for in Chapter 7. If the pledge of a claim for
registration of a trademark shall apply even in the case of a
application pursuant to section 8, first subparagraph if an international
registration will be valid in Sweden.
A decision to an international trademark registration shall
apply in Sweden can be lifted in accordance with Chapter 3. It provided for in
Chapter 3. If the registration of a trademark shall instead refer to
the decision on the international trade mark registration
to be valid in Sweden.
section 17 If an international registration has been renewed,
This shall be recorded in the register and published.
Replacement of a national trademark registration for an
international trademark registration
section 18 when someone holds both an international
trademark registration in force in Sweden and a Swedish
registration of the same trademark, replaces the international
trade mark registration the Swedish, international
trade mark registration applies in this country from a later
time than the Swedish, and all the goods or services for which the
covered by the Swedish registration is included in the list
of the goods or services covered by the
international trademark registration. This means no
restriction of the rights may have been acquired on the basis of
the Swedish registration.
At the request of the holder, the Swedish Patent and Registration Office
Note that the international trademark registration
replacing the Swedish as well as promulgate this.
Result of an international trademark registration ends
section 19 of an international trademark registration in force in
Sweden ceases to apply in whole or in part, ceases its
validity in this country accordingly. A
Note about this should be made in the register and
be published.
Conversion of an international registration into a
national trademark registration
section 20 of an international trademark registration in force in
Sweden ceases to apply in whole or in part within five years from the
day of the International Bureau set up for registration in
the notification referred to in paragraph due to the
basic registration or application for registration does not
longer can form the basis for an international
trademark registration, and the holder then apply for
registration of the same trademark in Sweden, this application
is considered to be made on the day on which the International Bureau has set for
the international trademark registration. This applies to
provided that the
1. application is made within three months from the date on which the
international trademark registration, and
2. the goods or services specified in the application is also subject to
of the international trademark registration's effect in
Sweden.
The initiation of an international trademark registration has
expired or if such an application referred to in
the first subparagraph has been made shall be entered in the trademark register
and be published.
section 21 of an international trademark registration in force in
Sweden will expire due to termination of
Protocol on 27 June 1989 relating to the Madrid Agreement 14
April 1891 concerning the international registration of marks,
and the holder then applies for registration of the same
trademark in Sweden, that application shall be deemed to be made on the day on which
International Bureau for the international
trade mark registration. This is true provided that
1. application is made within two years from the date on which denunciation received
effect, and
2. the goods or services specified in the application is also subject to
of the international trademark registration's effect in
Sweden.
The initiation of an international trademark registration has
expired, or if such an application referred to in
the first paragraph has been made, shall be entered in the trademark register
and be published.
Chapter 6. Assignment and license
Transfer
General about transfer
1 § such trademarks as referred to in Chapter 1. 6 and 7 § §
may be transferred, separately or in conjunction with a transfer of
the trade in which it is used.
At the time of transfer of a trade or business includes such
trademarks referred to in the first subparagraph and which belongs to the
business activity in the transfer, unless it has
agreed.
Note on assignment of a registered trademark
section 2 of An assignment of a registered trademark shall on request
be recorded in the register and published. A note and
public notice shall also be made at the request of the who, by a judgment
which has become final, a declaration that he or she has
better the right to a registered trademark.
The person who requests that a note within the meaning of the first subparagraph is made in
the register shall pay the prescribed fee.
Effect of note holders
section 3 of the a target or subject of a nationally registered
brand to the listed as the holder of the
the register is considered to be the holder of the trade mark.
In a target or subject of an internationally registered
brand, who is registered as the holder of the
international trademark register shall be deemed to be the holder of
the brand.
License
General information on license
4 § the holder of trademarks referred to in Chapter 1. 6 and
7 § § can give someone else the right to use the sign (license)
for some or all of the goods or services
the sign is registered or incorporated, as well as for the entire
or a part of the country. The license may be exclusive or non-
exclusive. A licensee may not assign his right forward
without the consent of the proprietor of the sign.
The proprietor of the sign may invoke the rights conferred by
exclusive right means against a licensee who violates a
provision in his licensing contract with regard to:
1. the period of validity of the certificate,
2. the form in which the sign may be used,
3. the nature of the goods or services for which the license is
issued,
4. the geographical area in which the sign may
be used, or
5. the quality of the goods produced by the licensee or
services provided.
Note If the license
paragraph 5 of The licence relating to a registered trade mark shall at
the request shall be entered in the register and published. A license
relating to a trade mark which is the subject of an application for
registration shall be recorded in the Patent and
the registration authority's official register. The person requesting a license
recorded shall pay the prescribed fee.
If it appears that the license has expired, the
the note is removed. A decision to remove a note from
the register shall be published.
Chapter 7. Pledge of a registered trademark
If the origin of the pledge
(1) a registered trade mark or a registration application
of a trademark may be pledged pursuant to this chapter.
section 2 of the mortgages in a registered trade mark or of a request for
registration of a trade mark is generated by the registration of
a written contract of pledge of property. Registration
is made in the register or, if the agreement relates to a
trademark application, in the Swedish Patent and Registration Office's official register.
An applicant for registration shall pay the prescribed fee.
Have a registered lien release for anybody else,
This request shall be entered in the trademark register, if there is
the case of a registered trade mark, or of the Patent and
the registration authority's register in the case of a
the trade mark application. The person requesting a note to pay
the prescribed fee.
The precedence order for multiple licensing of lien
section 3 Has a lien granted to several separately, have the
grant preference to which application for registration first
come on in to the Swedish Patent and registration office,
unless otherwise agreed.
The same day on which the application for registration of a number of leases,
has the precedence among themselves according to the time sequence in which the
has taken place, unless otherwise agreed. Is transfer operations
concurrent or it can not be evaluated in the order they are
occurred, have the equal rights.
Who can apply for registration
section 4 of the application for registration under section 2 may be made by the
has the right to the trademark or trademark application or by the
that pledge granted to. The applicant shall demonstrate
upplåtarens the right to the trademark or trademark application.
For the purposes of the first subparagraph, the
trademark register, are registered as the holder of a
registered trade mark shall be deemed to be entitled to the mark, if not something
otherwise indicated in the case. Relating to the application for registration
pledges of a trade mark application, the Patent and
the registration authority's register have been registered as applicants are considered
have the right to the trade mark application, unless otherwise indicated
in the case.
Barriers due to lack of permissions upplåtarens
section 5 an application for registration under section 2 shall not be accepted if
satisfy itself, when the application for registration is made, are not authorized
to dispose of the pledged property due to
repossession, bankruptcy, payment assurance, lien or any
other reason.
When a transfer of mortgage can be registered
section 6, a contract of pledge can be registered as trade mark
has been registered, or, if the agreement relates to a trade mark application,
Once the application has been registered in the Patent and Registration Office's
Diarium.
If a pledged trade mark application leads to brand
recorded, then the right to apply to the registered
the brand as pledge items.
Invalid pledge agreements
7 § although a lien has been registered, the lien on the
pledged property only if the deposit agreement entered into by any
that was the owner of the property and jurisdiction to dispose of the
it, and if the agreement nor for any other reason is
invalid.
Overdue mortgages
§ 8 the pledge is overdue, if the trademark application has been transferred
on anyone else, or the right to a trade mark or
trade mark application on the basis of the provisions of this law does not
It shall apply.
Cancellation of a registration
section 9 of the registration of a lien should be removed, if the pledge
by a judgment which has become final has been declared invalid
or if the mortgage has expired or has otherwise ceased to
apply.
In rem for the pledge
10 § Pledge comes from the time of application for registration
pursuant to article 2 of the latter acquires ownership or other
the right to property.
A license agreement is effective against the pledgee if the contract has been concluded
before the application for registration of a pledge contract.
section 11 of the Regulations of the different teams on hand a lien upon repossession
or bankrupt applies to the lien on a trademark or
a trademark application. When the application for registration pursuant to article 2 of the
coming in to the Swedish Patent and registration office carries with it the same
legal effects when a pledge holders take a loose thing in
possession.
Sold the rights to a pledged trade mark or pledged
trademark application for repossession or bankruptcy, consists of such
the license agreements referred to in paragraph 10 of the second paragraph.
The sale of the pledge
section 12 of the pledgee may sell deposit and withdraw his claim out of the
the purchase price only if the pledgee has previously
notified the debtor and any other known interested parties about
sales and these have been given reasonable time to monitor their
right.
In a sale within the meaning of the first subparagraph is made up of such
the license agreements referred to in paragraph 10 of the second paragraph.
Chapter 8. Criminal penalties, injunction, damages, etc.
Criminal responsibility
section 1 Makes any infringement of the right to trademarks
(trademark infringement) and place it either intentionally or through gross
negligence, he or she shall be sentenced to a fine or imprisonment
a maximum of two years. The one who has violated an injunction pursuant to section 3 of the
shall not be responsible for the infringement covered by the
ban.
For tests or preparation for a crime referred to in the first subparagraph
sentenced to liability under Chapter 23. the Penal Code.
The Prosecutor may prosecute for offences referred to in the first or
second subparagraph only if the plaintiff specifies the offence to the prosecution and
the prosecution of specific reasons are justified from a public point of view.
Confiscation of property and of AIDS in crime
section 2 of the Property in relation to which the offence under paragraph 1 of the
shall be declared forfeited, unless it is manifestly unfair. In
instead of property may be declared forfeited its value. Even
the exchange of such breach shall be declared forfeited, if it is not
manifestly unreasonable. The same applies to what someone has received
as compensation for the costs associated with such an offence,
or, if the value of the received receipt constitutes a crime under
§ 1.
Property that has been used as a tool for offences under section 1,
be declared forfeited, if necessary to prevent crime
or if there are special reasons. The same applies to
property that is intended to be used as a tool for crime
According to § 1, if the offence has been completed, or if the procedure has
constituted a punishable attempt or a criminal preparation.
Instead of property may be declared forfeited its value.
Injunction
3 §/expires U: 2016-09-01/
At the request of the holder of the trademarks under 1
Cape. 6-8 sections, or due to license has the right to
the trademarks, the Court may under penalty ban
the one who makes or contributes to the infringement of
continue with it.
If the plaintiff shows probable grounds for trademark infringement,
or contributory infringement, and if it is reasonably
give reason to suspect that the defendant through the continuation of the infringement, or
participation in it, belittle the value of the exclusive right to
trade sign, the Court may announce injunction for the time
until a final judgment has been settled or otherwise
been decided. Before such a ban will be notified to the defendant have
had the opportunity to be heard, unless a delay would
present a risk of injury.
The first and second subparagraphs shall also apply in the case of attempt
threatened infringement.
The prohibition referred to in the second subparagraph shall be notified only if the plaintiff
set security at the Court for the damage which can be added
the defendant. Plaintiff has no ability to impose such security,
the Court may release him or her from this. In the case of
the battle of security applies to Chapter 2. section 25 of the enforcement code.
The security shall be examined by the Court, unless it has been approved by the
the defendant.
When the target is determined, the Court will consider whether the prohibition has
granted in accordance with the second paragraph still persist.
In the matter of the appeal of the decision under the second or fourth
subparagraph, and in the case of proceedings in the High Court case
the trial bar rules on appeal of the decision under
15. the code of judicial procedure.
Action for imposing liquidated damages brought by the applicant for
ban. The action must be dealt with in accordance with the rules in
the code of judicial procedure concerning the prosecution of criminal offences, for which more severe punishment than
fines are not prescribed. In connection with such proceedings may action
brought about a new injunction.
3 section/entry into force: 2016-09-01/
At the request of the holder of the trademarks referred to in Chapter 1. 6-8 sections, or due to license has the right to use the trademarks, the Court may under penalty ban anyone who makes, or participates in a trade mark infringement to continue with it.
If the plaintiff shows probable grounds for trademark infringement or contributory infringement, and if it can reasonably be presumed that the defendant through the continuation of the infringement, or contributing to, detract from the value of the exclusive rights to the sign, the Court may announce injunction for the time until a final judgment has been settled or anything else has been decided. Before such a ban will be notified to the defendant have had the opportunity to be heard, unless a delay would cause injury.
The first and second subparagraphs shall also apply in respect of threatened infringement.
The prohibition referred to in the second subparagraph shall be notified only if the plaintiff set security at the Court for the damage which can be added the defendant. Plaintiff has no ability to impose such security, the Court may release him or her from this.
In the case of battle of security applies to Chapter 2. section 25 of the enforcement code. The security shall be examined by the Court, if it has not been approved by the defendant.
When the target is determined, the Court will consider whether the ban which has been granted in accordance with the second paragraph still persist.
In the matter of the appeal of the decision under the second or fourth subparagraph and, in the case of proceedings in the High Court case of the judicial code's provisions on appeal against a decision under Chapter 15. the code of judicial procedure.
An action for imposing liquidated damages brought by the applicant for the ban. Law (2016:228).
Damages
section 4 of The who intentionally or negligently makes
trademark infringement shall pay reasonable compensation for the use
of the sign as well as compensation for the additional damage
that encroachment has resulted. When the amount of compensation is determined
particular account shall be taken of
1. loss of profits,
2. profit as the perpetrator has done,
3. damage to the reputation of the goods,
4. non-pecuniary damage, and
5. the interest of that infringement did not occur.
The person without intent or negligence makes the infringement
pay compensation for the use of the sign, if and
in so far as it is reasonable.
Limitation of criminal responsibility and liability in certain
case
§ 5 an action for trade mark infringement Based on registration
under this law, sections 1 and 2 shall not apply for the time before
the date of registration. Neither section 4 shall in such cases be applied
for the period prior to the date of registration, unless the infringement occurred
intentionally.
Limitation of the right to damages
6 § the right to compensation for damage shall lapse if an
not brought within five years from the time the damage occurred. The right to the
compensation on the grounds of infringement of a trademark is
protected only by reason of the registration lapses, however, are not
in no case earlier than one year from the date of registration.
Measures of property and instrumentalities
section 7 at the request of the person who has suffered a trade mark infringement,
the Court, as appropriate, may decide that the property on
What trademarks are present illegally shall be withdrawn from the
market, altered or destroyed, or that any other measures
to be taken with it. The same is true of AIDS
used or intended to be used for infringement.
The property referred to in the first subparagraph may be seized if
It can reasonably be assumed that a criminal offence has been committed under section 1. In
ask if such a seizure applicable rules on seizure in
criminal cases in General.
The first and second subparagraphs shall also apply in the case of attempt
threatened infringement.
A decision on the action referred to in the first subparagraph shall not involve
to those who have suffered infringement shall pay compensation
to the targeted by the measure.
Measures referred to in the first subparagraph shall be borne by the defendant if the
no special reasons against this.
A decision as referred to in this paragraph shall be granted if the
confiscation or any measure for the prevention of abuse
should be adopted in accordance with paragraph 2, or under the criminal code.
Dissemination of information on the judgment in case of trademark infringement
section 8 at the request of the plaintiff, the Court may, in the case of
trademark infringement, decide that a person who has made or
participated in the infringement shall bear the appropriate measures to
disseminating information on the adjudication of the matter.
The first subparagraph shall apply also in the case of tests or
threatened infringement.
Chapter 9. The information injunction and intrusion investigation
The information injunction
Basic provisions
§ 1 if an applicant demonstrates probable cause that someone has done
a trademark infringement, the Court may under penalty decide that someone
or some of them referred to in the second subparagraph shall provide the applicant
information on the origin and distribution networks of the goods or
services that the infringement concerns (the information injunction). A
such a decision shall be notified at the request of the holder of the
trade sign according to Chapter 1. 6-8 sections or the like due
the license has the right to take advantage of this. It may only be granted if
information likely to facilitate the investigation of an infringement
relating to goods or services.
The obligation to provide information includes the
1. have done or participated in the Commission of the infringement,
2. commercial-scale has the disposal of a product which the infringement
regards,
3. commercial-scale has used a service that the infringement
regards,
4. commercial-scale has provided an electronic
communication service or another service that has been used in
the intrusion, or
5. has been identified for any listed in 2-4 as part of
production or distribution of goods or
the provision of a service to which the infringement relates.
Information about the origin of the goods or services and
distribution network, in particular:
1. name and address of the producers, distributors,
suppliers and others who held the goods or
provided services,
2. name and address of the intended wholesalers and retailers;
and
3. details of how much has been produced, delivered,
received or ordered and if the price has been determined
for goods or services.
First-third paragraphs apply also in the case of tests or
threatened infringement.
paragraph 2 of the decision on the information injunction may be communicated only
If the reasons for the action outweighs the inconvenience or it but in
Moreover, as a measure for those who suffer from it, or
for any other conflicting interests.
The obligation to submit information under paragraph 1 does not cover
information whose disclosure would disclose to the supplier or
either him or her next of kin as referred to in chapter 36. paragraph 3 of the
the code of judicial procedure has committed a criminal offence.
In the personal data Act (1998:204) contains provisions which
limits the received personal data may be processed.
The handling of the issues of the information injunction
3 §/expires U: 2016-09-01/
A decision on the information injunction may be notified by the
where the trial court if the infringement is ongoing. Moreover in
question of jurisdiction as provided in Chapter 10. section 6 of
where the intended goal and in the code of judicial procedure of civil cases for other
cases of infringement. It is stated in the code of judicial procedure if
restriction of judicial jurisdiction of dispute to be
raised in different order than before the courts, shall not, however,
applied.
If the claim on the information injunction directed at the
is the applicant's counterpart in an action for infringement, the provisions
If the trial of the objective applied. A decision on the
the information injunction may be appealed in particular.
If the claim on the information injunction against any
other than that specified in the second subparagraph, shall act (1996:242) if
Court cases shall apply. For the examination of the question, it also
kept hearing pursuant to chapter 37. the code of judicial procedure. The Court may
determine that each party should be responsible for their
legal costs.
Action for imposing liquidated damages may be brought by the applicant for
the injunction. The action must be dealt with in accordance with the rules in
the code of judicial procedure concerning the prosecution of criminal offences, for which more severe punishment than
fines are not prescribed. In connection with such proceedings,
action brought on the new information order.
3 section/entry into force: 2016-09-01/
If a claim of the information injunction directed at the person who is the applicant's counterpart in an action for infringement, the provisions concerning the trial of the objective applied. A decision on the information injunction may be appealed in particular.
If the claim on the information injunction against someone other than the one referred to in the first subparagraph, shall act (1996:242) if the court cases apply. The Court may decide that each party should be responsible for their own costs.
An action for imposing liquidated damages may be brought by the applicant for the order. Law (2016:228).
The right to compensation as well as the obligation to
section 4 of The who because of 1 section 2-5 has been submitted to the
According to the first paragraph of same section provide information,
right to equitable remuneration for the costs and inconvenience.
The remuneration shall be paid by the claimant for
the information injunction.
The provider of an electronic communications service and
as a result of an information injunction has left out
information referred to in Chapter 6. section 20 of the Act (2003:389) if
electronic communications shall send a written notice
If this information applies to the earliest, after a
month and not later than after three months of data
was left out. The cost of the notice is replaced in accordance with the first
paragraph.
Infringement search
Basic provisions
§ 5 If it can reasonably be assumed that someone has done or
involved in a trademark infringement, the Court may order that the
evidence to be secured if the infringement may decide that a
examination may be made with him to search for objects
or acts which are likely to be relevant to an investigation of
the intrusion (intrusion investigation). Such a decision may
announced at the request of the holder of the goods under the sign
Chapter 1. 6-8 sections or the like due to license has the right to
take advantage of this. If the trial is not commenced, should the claim
be made in writing.
A decision on the infringement search may be notified only if
the reasons for the action outweighs the inconvenience or it but in
Moreover, as a measure for those who suffer from it, or
for any other conflicting interests.
The first and second subparagraphs shall also apply in the case of attempt
threatened infringement.
Examining questions of infringement search
6 §/expires U: 2016-09-01/
A decision on the infringement search may be notified by the
where the trial court if the infringement is ongoing. If the trial does not
is initiated, the competent court in respect of the prescribed
in Chapter 10. section 6, for which the intended target and in the code of judicial procedure if
civil proceedings for other cases related to infringement. It provided for in
the code of judicial procedure concerning the restriction of a jurisdiction in
case of dispute to be addressed in different order than before
Tribunal, shall not, however, apply.
Before a decision on the examination will be notified to the other party receiving
opportunity to be heard. the Court may, however, notify
a decision valid until otherwise ordered, if a
delay would cause to objects or documents
relevant to the inquiry into infringement be obtained aside,
destroyed or mutilated.
In addition, a question about intrusion investigation arising from
trial is not commenced to be dealt with in the same way as if the question
raised during the trial.
6 §/entry into force: 2016-09-01/
Before a decision on infringement search is notified to the other party to have had the opportunity to be heard. the Court may, however, immediately notify a decision valid until otherwise ordered, if a delay would entail the risk that the objects or documents relevant to the investigation if the infringement be obtained aside, destroyed or mutilated.
In addition, a question of infringement search that occurs when a trial is not commenced to be dealt with in the same way as if the issue arose during a trial. Law (2016:228).
The provision of security and appeal of decisions
paragraph 7 of The decision on infringement search may be notified only if
the applicant set security at the Court for the damage that can
added respondent. The applicant does not have the ability to set
security, the Court may exempt the applicant from it. In the case of
the battle of security applies to Chapter 2. section 25 of the enforcement code.
The security shall be examined by the Court, unless it has been approved by the
the counterparty.
In the matter of the appeal of court decision on
infringement search, and in the case of processing in higher
Court applies the provisions of the code of judicial procedure if
appeal of decision under Chapter 15. the code of judicial procedure.
Decision on infringement search
section 8 a decision on infringement search shall include information
If
1. what purpose the investigation shall have,
2. the objects and documents, search, and
3. What are the areas that get scanned.
If necessary, the Court shall also decide on other terms for
the execution.
Enforcement of a decision on the infringement search
§ 9 a decision on infringement search terms immediately. If
application for enforcement has not been made within one month from the
the decision, due it.
section 10 a decision on infringement search is carried out by
Enforcement authority under the conditions that the Court has
decided and with application of 1-3 chapter, chapter 17. 1-5 sections and
Chapter 18. the enforcement code. The claimant's counterparty shall be informed of
execution only if the decision on infringement search has
the placing of the counterparty's hearing. The authority has the right to
take photographs and make video and audio recordings of such
objects which it may find. The Authority also has the right to
take copies of or extracts from such documents as it may
search for.
An infringement search shall not include a written document
referred to in Chapter 27. section 2 of the code of judicial procedure.
Legal counsel and the right to be present at
intrusion investigation
section 11 When a decision has to be enforced if infringement search
the counterparty the right to call a lawyer. Pending
on the processor appear, contempt of the
begins. However, this does not apply, if
1. the examination thus unnecessarily delayed, or
2. There is a risk that the measure would not
is achieved.
At the execution, bailiffs may engage the
the assistance of a specialist as needed.
The authority may authorize the applicant or an authorized representative of
the applicant is present at the inquiry to assist with
information. If such permission is given, the authority shall see
that the applicant or agent not more than
which can be justified by the enforcement becomes aware of
conditions that will arrive.
Return of an action for intrusion investigation
section 12 if the applicant fails within a month from the
the execution ended court or in any other
way initiates proceedings on the matter, an action that
made in the implementation of intrusion investigation
immediately go back, to the extent possible. The same
true if a decision on infringement search is terminated then
the execution has been carried out.
Handling materials from intrusion investigation
paragraph 13 of the enforcement authority shall list the photographs and video-
and sound recordings of the subject as well as copies of and extracts from
documents from intrusion investigation. The material should be kept
available to the applicant and the respondent.
10 Cape. Other provisions
Prohibition to impose penalty, etc.
§ 1 If a registration of a mark has been lifted by a
decision or a judgment which has become final, the Court may
do not judge to sanction or decide on compensation or other
measure according to 8 or 9.
Plea of nullity
2 § Brought proceedings for infringement of a registered trade mark and makes
it, against which an action is brought relating to registration is
invalid, the invalidity shall then examine the question of action for only
rescission has arisen. The Court may submit to the
claims that the registration is invalid to within certain time may bring
such an action.
The first subparagraph shall also apply where, in a case concerning
Declaration in respect of a registered trade mark is made
claims that the registration is invalid.
The processing of personal data
3 § despite the ban in section 21 of the personal data Act (1998:204),
personal data relating to offences involving the offences under
Chapter 8. 1 § processed if this is necessary for a
legal claim can be established, be enforced or
be defended.
Special provisions concerning Community trade marks
Charges for forwarded applications etc.
4 § the prescribed fee shall be paid by the
1. submits an application for registration of a Community trade mark
for the Swedish Patent and Registration Office for further advancement
referred to in article 25(2) of Council Regulation (EC) No 207/2009 on the
the Community trade mark,
2. Requests the conversion of a registration of a
Community trade mark or an application for registration of a
Community trade mark into a national registration
of a trade mark, or
3. request a certificate pursuant to article 93 (3) of the Council regulation.
Provisions applicable to Community trade marks
§ 5 in the infringement of a Community trade mark shall apply
the provisions of Chapter 8. § 1 liability for trademark infringement. In
to the extent otherwise provided by Council regulation
(EC) No 207/2009 on the Community trade mark applies in general section 3,
Chapter 8. 2-8 sections and Chapter 9. In these cases, what is said about
trademark infringement apply to infringement of a Community trade mark.
Competent court
6 §/expires U: 2016-09-01/
If there is no court which, according to the code of judicial procedure
is competent to take up a case for revocation of the registration of
a trademark, infringement or for defence,
brought an action in the District Court of Stockholm.
The action referred to in section 5 and in article 96 of Council Regulation (EC)
No 207/2009 on the Community trade mark being brought at Stockholm
District Court.
6 §/entry into force: 2016-09-01/
Patents and the market Court is a Court of law 1. matters under this Act if they are not to be dealt with under the Act (1974:371) on trial in labour disputes, and 2. objectives referred to in article 96 of Council Regulation (EC) No 207/2009 on the Community trade mark.
It is stated in the code of judicial procedure concerning restriction of judicial jurisdiction of dispute to be addressed in different order than before the courts shall not apply in respect of a claim if the information injunction or infringement search.
Law (2016:228).
Special indications on agricultural products and foodstuffs
section 7/expires U: 2016-01-01/provisions of section 3 and Chapter 8. 3 8 sections and Chapter 9. should
applicable to infringements of the right to a name that complies with
by
1. Council Regulation (EC) No 509/2006 of 20 March 2006 on the
guaranteed traditional specialities for agricultural products
and food,
2. Council Regulation (EC) No 510/2006 of 20 March 2006 on the
the protection of geographical indications and designations of origin for
agricultural products and foodstuffs,
3. Council Regulation (EEC) No 1576/89 of 29 May 1989 on the
General rules on the definition, description and
presentation of spirit drinks,
4. European Parliament and Council Regulation (EC) No 110/2008 of the
on 15 January 2008 on the definition, description, presentation
, labelling and protection of geographical indications,
spirit drinks and repealing Council Regulation (EEC) no
1576/89,
5. Council Regulation (EC) No 1493/1999 of 17 May 1999 on
the common organisation of the market in wine, or
6. Council Regulation (EC) No 1234/2007 of 22 October 2007
establishing a common organisation of
agricultural markets and on specific provisions for certain
agricultural products ("single CMO
organisations of the market ").
section 7/entry into force: 01/01/2016/provisions of section 3 and Chapter 8. 3-8 sections and Chapter 9. applicable to infringements of the right to a name deriving from the
1. European Parliament and Council Regulation (EC) No 1151/2012 of 21 november 2012 if quality schemes for agricultural products and foodstuffs, in the original wording,
2. European Parliament and Council Regulation (EC) No 110/2008 of 15 January 2008 on the definition, description, presentation, labelling and protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89, in the original wording,
3. European Parliament and Council Regulation (EU) no of 17 december 2013 establishing a common organisation of the markets in agricultural products, and repealing Council regulations (EEC) no 922/72, (EEC) No 234/79, (EC) no 1037/2001 and (EC) No 1234/2007, in the original wording, or
4. European Parliament and Council Regulation (EC) No 251/2014 of 26 February on the definition, description, presentation, labelling and protection of geographical indications for wines, aromatised products and repealing Council Regulation (EEC) No 1601/91, in the original wording. Law (2015:767).
Obligation for licensees and others to inform the
holder
§ 8 the holder of trademarks or by such
special designation referred to in section 7 shall be informed before a
an action for trademark infringement. However, this applies only if the
Anyone wishing to bring an action is
1. a licensee,
2. a pledge holders wishing to bring proceedings in respect of infringement
of the pledged property;
3. anyone is entitled to use such
trademarks referred to in Chapter 1. paragraph 2, or
4. anyone is entitled to use such a special
letter referred to in paragraph 7 and which would institute proceedings under
Chapter 8. 4 or 7 §.
The information referred to in the first subparagraph shall also be done when a
licensee or a pledge holders want to bring an action for
Declaration concerning the trademarks.
If any notification referred to in the first or second paragraph do not
has occurred, must be rejected.
Prohibition of enforcement of established trademarks
§ 9 rights of the trademarks referred to in Chapter 1. section 7 shall not
attached. Holder goes bankrupt, however, includes the right of
the bankruptcy estate.
Appeal
section 10/expires U: 2016-09-01/
A final decision by the Swedish Patent and Registration Office
under this Act may be appealed to the Court of patent appeals within
two months from the date of the decision.
A final decision in a case if the registration of a
trade mark may be appealed only by the applicant. The same applies to
for a final decision in a case that an international
registration will be valid in Sweden.
A final decision on an objection to a
registration may be appealed only by the proprietor of the trade mark
and by the opponent. A final decision on the occasion of a
objection to an international trademark registration shall
apply in Sweden may be appealed only by the holder of the
international trademark registration of the opponent.
Revoke an opponent's action, it may nevertheless be examined, if
There are special reasons. Action must not, however, necessary to examine whether the
the only cited obstacles referred to in
Chapter 2. 8-10 sections.
Any final decision of the Court of patent appeals may be appealed to the
The Supreme Administrative Court within two months from the date of
the decision. In an appeal to the Supreme
Administrative Court applied section 35-37
administrative judicial procedure Act (1971:291). Swedish law
the decision shall contain a statement of the need for particular
permit for trial in the Supreme Administrative Court and if the
grounds on which such authorization.
This clause does not apply to decisions of administrative
cancellation of a registration.
section 10/entry into force: 2016-09-01/
A final decision by the Swedish Patent and registration office under this Act may be appealed to Patent and market court within two months from the date of the decision.
A final decision in a case if the registration of a trademark may be appealed only by the applicant. The same is true for a final decision in a case concerning an international registration shall be valid in Sweden.
A final decision on an objection to a registration may be appealed only by the proprietor of the trade mark and of the opponent. A final decision on an objection to the international registration to be valid in Sweden may be appealed only by the holder of the international registration and of the opponent.
This clause does not apply to decisions of administrative cancellation of a registration. Law (2016:228).
11 §/expires U: 2016-09-01/
A decision as referred to in Chapter 3. section 15 of the administrative revocation of
a registration of a trademark may not be appealed. The same
applies to a decision by which a case has been handed over to the
District Court or attributed to pursuant to Chapter 3. the third paragraph of section 13.
Other decisions in matters concerning administrative revocation may be appealed
to the District Court within three weeks from the date of the decision. Decision
during the conduct of such a case cannot be appealed
in particular.
11 §/comes into force in: 2016-09-01/
A decision as referred to in Chapter 3. section 15 of the administrative revocation of a registration of a trademark may not be appealed.
The same applies to a decision to surrender to the Tribunal or depreciation in accordance with Chapter 3. the third paragraph of section 13. Other decisions in matters concerning administrative revocation may be appealed to Patent and market court within three weeks from the date of the decision. Decisions in the handling of such a case may not be appealed. Law (2016:228).
section 12 U:2016-09-01/expires by law (2016:228)./
An appeal under section 11 is made to the District Court
According to the documents, competent under 10 Cape.
the code of judicial procedure to examine the issue of cancellation of registration.
If there is no court which, according to the code of judicial procedure is
jurisdiction to hear the appeal, the decision may be appealed to the
The Stockholm District Court.
The appeal is submitted to the Patent and registration office.
During the proceedings in court law (1996:242) if
Court cases. The Swedish Patent and registration office shall not, however,
be a party to the Court.
Announcement
section 13 Notices under this Act shall be made in a special
publication issued by the Swedish Patent and registration office.
The Government or the authority, as the Government determines
notifies the public notices under this Act.
Authorization
section 14 of the Government may provide for fees in cases
According to this law.
Transitional provisions
2010:1877
1. this law shall enter into force on 1 July 2011, then trademark law
(1960:644) and collective brand law (1960:645) shall cease to
apply.
2. The law shall also apply to trademarks that have
incorporated, trade marks registered or
trademark registrations that have been applied for before the date of entry into force, if
subject to 3-5.
3. a trade mark which has been registered before the entry into force,
not be lifted on the grounds that it is contrary to Chapter 2. section 7 other
paragraph.
4. the provisions of Chapter 8. section 8 and Chapter 9. 1-4 of § shall not
applied when the infringement, or attempt or preparation
to the infringement, committed prior to 1 april 2009.
5. Older rules still apply in the case of measures
taken or rights acquired prior to
the entry into force.
6. National and international trademarks by
registration has been granted protection in Sweden according to older
Regulation shall be deemed to constitute such trademarks as referred to
in Chapter 2. 8 section 1 and 2.
2016:228
1. this law shall enter into force on 1 september 2016.
2. Older provisions still apply to cases decided by the Court of patent appeals before the entry into force.
3. Proceedings instituted in the District Court of Stockholm or Svea Court prior to the entry into force shall be submitted to the Patent and the market Court and Patent and market superior court.
4. Older provisions still apply to other cases that have commenced in the Court prior to the entry into force.
