Trademark Law (2010:1877)

Original Language Title: Varumärkeslag (2010:1877)

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2010:1877

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.