Introductory provisions
1 § business name is the name under which the trader is managing her
activity. Drives part of the activities under the special title,
This secondary name. What this law says if the firm also applies
secondary name.
Another sign traders along with business use of their
operations are called secondary characteristics.
Firm and secondary characteristics are collectively called nutritional characteristics.
The right to the trade name, etc.
2 § Trader acquires exclusive rights to the firm by
registration or processing. Exclusive right to secondary
characteristics acquired through processing.
Business name registered under the provisions of this law and what
provided for in the regulation on the registration of certain polyethylene
firm. The exclusive rights to a registered company comes within the
registration covers the area.
A nutritional characteristics shall be considered established if this country
in a significant part of the circuit to which it is addressed
(the public) is known as the designation for the activities
activities carried out thereunder. If the business sign is
established only in a part of the country, the exclusive right
only in that area. Law (2010:1889).
2 a of the holder of a trademark or another
trademarks have exclusive rights to sign as
nutritional characteristics. On the sign is protected only within
a part of the country, the exclusive rights only within that area.
The who uses his name as nutritional characteristics has the exclusive right
to sign as nutritional characteristics, if the name has
distinctive character of the activities in which it is used. If
the name is used only in a part of the country, the exclusive right
only in that area. Law (2010:1889).
section 3 of the exclusive right to a trade under 2 and 2A sections
means that no one other than the proprietor, without their permission,
in the course of trade may use a character that is
1. identical to nutritional characteristic of activities by the same
kind,
2. the sign identical with, or similar to, the business of
activities of the same or similar nature, if there is a risk
of confusion, including the risk that the use of
the sign leading to the perception that there is a connection
between the user of the sign and the holder of the
business sign, or
3. identical or similar to a trade like this in
the country is known in a substantial part of the relevant public, if
use takes unfair advantage of, or without reasonable
reason is detrimental to the business sign
distinctive character or reputation.
The exclusive right conferred by a registered firm does not preclude any
other uses in the course of trade a sign referred to in
the first paragraph in the area where the firm is protected, if it
appears that the proprietor of the firm can not suffer harm as a result of this.
Law (2010:1889).
4 § the exclusive right to a trade does not provide any
independent protection for part of the sign that is missing
distinctive character.
Exclusive right to a trade does not preclude any
else, when it is in accordance with honest practices in industrial or commercial matters, in
trade or business use
1. his name or address;
2. details of the nature or in the business
offered product or service the kind, quality, quantity, intended
purpose, value, geographical origin or other characteristics
or the time when the good or service is produced,
or
3. a widely used place name. Law (2010:1889).
section 5 was repealed by law (2010:1889).
section 6 of the repealed law (2010:1889).
section 7 Makes several claims the exclusive right to trade as
are identical or similar to each other in the manner set out in section 3,
It shall have the primacy that has the earliest basis for his claim,
subject to section 8. Law (2010:1889).
section 8 right to an established enterprise characteristics shall apply at
side of an older right to a nutritional characteristics that are
identical or similar in the manner set out in section 3, if
the holder of the earlier right has not, within a reasonable time, taken
measures to prevent the use of the sign.
In these cases does not preclude the right of the younger
business use of the earlier sign.
At the request of either party, a court in the cases
referred to in the first paragraph if it is reasonable to decide that one of
characteristics, or both, may be used only in special way,
such as in a particular performance or with the addition of local indication
or the holder's name. Law (2010:1889).
Registration of firm
9 § business name be registered only if it is capable of distinguishing the
holder's activities from those of others.
When determining if the firm has any distinctive character, the
be taken to the time and scope of the firm has been in use. Includes firm of
only the general expression of the nature of or in that
offered goods or services or used the public consists only
city name or other such names, the firm is not in itself
distinctive. Included in firm such a designation as
Corporation, partnership or cooperative or abbreviation
Hence, the assessment shall be excluded from this. Act (1994:1509).
section 10 a firm shall not be registered if the
1. contrary to the law or the good
Customs or public order;
2. without permission contains such a governmental or
international designation which according to law or other
Constitution cannot be used improperly as firm, or
something that can easily be confused with such a designation,
3. 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 firm, or anything that may be confused with a
such characteristics,
4. otherwise, it is liable to mislead the public,
5. is identical with an earlier trade for
activities of the same kind,
6. is identical with, or similar to, an earlier trade
for activities of the same or similar nature, if there is a
likelihood of confusion, including the risk that the use
of firm leads to the perception that there is a connection
between the company and the holder of the
business sign,
7. is identical with, or similar to, an earlier trade
as is known in a substantial part of the relevant public, if
the use of firm would take unfair advantage of, or
without due cause to harm
Enterprise and distinctive character or reputation,
8. can be confused with a mark which was used here in
country or abroad by someone else at the time of
the application and which is still used, whether the applicant was acting in bad
faith at the time of the application,
9. contains or consists of anything that is capable of
perceived as someone else's original surname, generally
famous artist's name or a similar name if the use of
the firm would create a disadvantage for the bearer of the name, and if
the name apparently does not refer to any long-
deceased,
10. contains something that violates another's copyright in a
literary or artistic works, or
11. contain something that is likely to be perceived as title
on a Foundation, non-profit organization, or similar
Association.
The obstacles to registration set out in the first subparagraph 5-7
applies correspondingly for
1. a trade mark registered pursuant to Chapter 2.
trademark law (2010:1877) or an international
trademark registration in force in Sweden,
2. a Community trade mark which is registered in accordance with Council
Regulation (EC) No 207/2009 of 26 February 2009 on the
Community trade marks or international
trademark registration in force in the European Union, as well as
3. a well established trademarks.
If the firm name registration application relates shall apply in
across the country, and the earlier right is a well established
nutritional characteristics or by such a name, or an established company
trademarks that are protected by section 2 (a), there are barriers
for registration only if the protection of the earlier right
comes in a substantial part of the country.
Despite the first paragraph, 5-11 and second subparagraph, registration
happen, regarding the whose right is in question permits and barriers not
are referred to in the first subparagraph 1 – 4. Law (2014:813).
section 11 of the Company must be registered in two or more languages, provided
the entries correspond to its content. What this law is said to
If the company shall be applicable to each of the entries.
section 12 of the registration is effective from the day on which the application is entered into
the Registration Committee.
Transfer of business etc.
paragraph 13 of the Firm may be transferred only in connection with the transfer of the
trade or business in which the firm was used.
Transfer of activities also includes firm, unless otherwise agreed.
However, this does not if the company contains the transferor or, at
transfer of the trading company's business, company man's family name.
Included in the estate of the company containing the deceased's family name, may
executor not leave the company without consent of co-owners.
section 14 of the Firm must not be taken in measuring. Försättes holder in bankruptcy, included
the right to the business of the bankrupt, if not firm contains
the debtor or, at the company's bankruptcy, the man's family name.
Company not included in the bankruptcy estate may, nevertheless, be used during the time
activities continued on behalf of the estate.
Ban on the use of nutritional characteristics
section 15/expires U: 2016-09-01/
At the request of the person who has suffered trade infringement, the Court may
under penalty ban anyone who makes or contributes to the infringement
to continue with it.
If the plaintiff shows the probable cause of that firm or
contributory infringement, and if it can reasonably be
There is concern that the defendant, by continuing the infringement, or
participation in it, belittle the value of the exclusive right to
business sign, the Court may announce injunction for
period until a final judgment has been settled or otherwise
has 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. Law (2010:1889).
the entry into force of section 15/in: 2016-09-01/
At the request of the person who has suffered trade infringement, the Court may under penalty ban anyone who makes or contributes to the infringement to continue with it.
If the plaintiff shows the probable cause of that firm 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 business 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 (2016:197).
Cancellation of registration
Grounds for revocation
section 16 of the registration of a trade name may be revoked if
1. the firm has been registered in contravention of this Act or for
What in other statutes is prescribed if the firm name,
2. registration is still against the law, and
3. the right to the firm still must not consist under section 8.
A registration may also be revoked if
1. the holder has ceased to be a professional trader,
2. the firm has lost its distinctive character,
3. the firm has come to be contrary to law or other
Constitution or against morality or public order, or
4. the firm has become misleading.
In the cases referred to in the first subparagraph, the registration is not
lifted on the sole ground that, according to paragraph 10, first paragraph, 5 to 8
There is an obstacle to it, if the barrier consists of an older
registered business name and the older firm does not meet the requirements
for use in accordance with section 16. Law (2014:813).
16 a of A registration of a trade name may be revoked if the holder
not have made to genuine use by the firm in Sweden for the
activities of the registered within five years from the date of
the issue of the registration has been finally determined or within a
period of five consecutive years. Registration may not be cancelled at
because of non-use if there are valid reasons to
that the firm has not been used.
With such a use referred to in the first subparagraph are equated to the firm
used
1. in a form other than the data subject, if the variance relates to
only the details that do not alter the firm's
distinctive character, and
2. by someone else with the holder's consent.
Registration may not be cancelled if the firm has been used in the meantime
between expiry of the five-year period and filing of the application for
cancellation of the registration. Use as start or
resumed after a five-year period and within three months
prior to the filing of the application for revocation should be left without
respect, on preparations to begin or resume
use occurred after the proprietor became aware of
that an application for revocation could be made.
Law (2010:1889).
Approach
16 b/expires U: 2016-09-01/
The one who would initiate proceedings to terminate a
registration may bring an action in court, or apply for
cancellation of registration at the relevant registration authority
According to 16 c-16 q §§ (administrative revocation).
A procedure to terminate a registration under section 9,
10 paragraph 1 – 4, paragraph 16, or 16 a of,
also be initiated by an authority. Government Announces
rules about which authority may do so.
Law (2014:813).
16 b/entry into force: 2016-09-01/
The one who would initiate proceedings to terminate a registration may bring legal proceedings or apply for cancellation of registration at the relevant registration authority according to 16 c – 16 r sections (administrative revocation).
A procedure to terminate a registration pursuant to section 9, section 10, first paragraph, 1-4, paragraph 16, or 16 a section may also be initiated by an authority. Government Announces rules on which authority may do so.
Law (2016:197).
Administrative revocation
16 c § 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. Law (2010:1889).
16 d § Is the application so flawed that it cannot be added to
basis for the handling of the case, the Registrar
order the applicant to remedy the deficiencies within a specified 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. Law (2010:1889).
16 e § Withdraws the applicant application, case closed.
Law (2010:1889).
16 f section if it can be assumed that the application is unfounded, the application
be treated as if the owner contests it. In such a case
to 16 j § apply. Law (2010:1889).
16 g § Registration Committee Takes up the application;
the authority 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 to 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.
Law (2010:1889).
16 h § Injunction pursuant to § 16 g 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. Law (2010:1889).
16 section Has not been able to transmit to the Registrar
the injunction, the authority shall consider whether the attempts to
the service will continue, or whether the applicant should be invited to
to ensure that service is effected. Consideration should be given to the
work and the cost so far has been spent on
the service, the prospects of the ongoing attempt to
succeed and facts otherwise. Assuming the applicant does not
the offer, should the application be rejected.
The applicant shall ensure that service is effected, apply 32 Cape. section 2 of the
the code of judicial procedure. Law (2010:1889).
16 j §/expires U: 2016-09-01/
If the holder of the right time of opposition, shall
the Registrar notify the applicant accordingly. Would
the applicant maintained his claim, he or she may request that the
the matter shall be submitted to the District Court.
A request for surrender shall have been received by the
the Registrar within one month of 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 delivery at the right time,
the Registrar shall submit the case to a District Court
which, under the provisions of the documents, is competent. The applicant has not
requested delivery at the right time, should the case be dismissed.
Law (2010:1889).
16 j §/comes into force in: 2016-09-01/
If the holder of the right time of opposition, the Registrar shall inform the applicant accordingly. The applicant would like to uphold his claim, he or she may request that the matter should be submitted to the Court.
A request for surrender shall be notified to the Registrar within one month of 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 Registrar shall refer the matter to the Court. If the applicant has not requested a delivery at the right time, should the matter be depreciated. Law (2016:197).
16 k §/expires U: 2016-09-01/
A notice that the holder contests the application
According to paragraph 16 (j) 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 indicated in paragraph 16 (j). Law (2010:1889).
16 k §/comes into force in: 2016-09-01/
A notice that the holder contests the application pursuant to paragraph 16 (j) shall contain a statement
1. the applicant may request the submission to the Court,
2. the period within which the request should be submitted,
3. what such a request will contain, and
4. as indicated in paragraph 16 (j).
Law (2016:197).
16 l § has holder does not deny the application in a timely manner,
the Registrar revoke the registration in accordance with
the application. Law (2010:1889).
16 m §/expires U: 2016-09-01/
The holder of a registration that has been lifted in accordance with § 16 l
may apply for recycling. Such an application shall be submitted
to the Registrar within one month from the date of
the decision.
Holder has applied for recycling at the right time,
the Registrar shall submit the case to a District Court
which, under the provisions of the documents, is competent. In other cases, the
the Registrar shall reject the application. Law (2010:1889).
16 m section/entry into force: 2016-09-01/
The holder of a registration that has been lifted under 16 l § may apply for recycling. Such an application shall be submitted to the Registrar within one month from the date of the decision.
If the holder has applied for recycling at the right time, the Registrar shall refer the matter to the Court. Otherwise, the Registrar shall reject the application.
Law (2016:197).
16 n § notification of cancellation must be sent to the applicant and
holder.
Rejected an application for revocation, the Registration Committee
inform the applicant accordingly. Rejected an application for
recycling, it shall inform the holder accordingly.
Notify the authority of any other decision that means the case
determined, both the applicant and the holder is informed of
the decision, if it is not manifestly unnecessary. Law (2010:1889).
16 o § since the time of the application for recycling, have a
decision about rescission under § 16 l res judicata in accordance with the
that applies to a judgment in a civil case which have become final
force. Law (2010:1889).
16 p §/expires U: 2016-09-01/
If a case is submitted to a District Court, shall
the action is considered seized when the application for administrative revocation came into
to the Registrar. The documents provided by the applicant
in should be regarded as summons. The subpoena shall be considered as done
When the Court decides on the course of the proceedings. Law (2010:1889).
16 p §/comes into force 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 Registration Committee. The documents submitted by the applicant should be considered a lawsuit. Subpoena shall be considered granted when the Court decides on the course of the proceedings.
Law (2016:197).
16 q section/expire U:2016-09-01 by law (2016:197)./
If a District Court, which gets a goal from a
registration authority or from another district court, finds
It is not apparent from the documents before the Court that the District Court has jurisdiction
to deal with the 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. Law (2010:1889).
§ 16 r/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 target where the Registrar has decided on
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 latter decision. Law (2014:250).
§ 16 r/comes into force 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 the Registration Committee 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 latter decision. Law (2016:197).
Cancellation of registration
section 17 Of the registration of a trade name has been lifted by
registration authority according to § 16 l or by a court, shall
registration be cancelled from the register when the decision has won
the force of law. The decision shall be published.
If a registration is cancelled, may be issued to company registration
shall remain in the register during the period of time reasonably necessary for
to adopt a new corporate name and apply for its registration.
Law (2010:1889).
Responsibility and liability, etc.
section 18 Allows a company intrusion and is done intentionally or by
gross negligence, he or she shall be sentenced to a fine or
imprisonment of up to two years.
For tests or preparation for a crime referred to in the first subparagraph
sentenced to liability under Chapter 23. the Penal Code.
Refers to the interference a firm protected solely because of
registration, shall not incur liability for the infringement
made prior to registration day.
The one who has violated an injunction under section 15 may not
be responsible for the infringement covered by the ban.
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.
Law (2010:1889).
18 a of the Property in relation to which the offence under
section 18 shall be declared forfeited, unless it is clear
unfair. Instead of the property gets its value explained
forfeited. Even the exchange of such breach shall be declared
forfeited, unless it is manifestly unfair. The same applies to
what someone has received as compensation for the costs incurred in connection
with such an offence, or the value of the received, if
receipt constitutes offence under section 18.
Property that has been used as a tool for offences under section 18
may 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 section 18, if the offence has been completed, or if the procedure
constituted a punishable attempt or a criminal
preparation. Instead of the property gets its value explained
forfeited.
Refers to the interference a firm protected solely because of
registration, forfeiture does not refer to the infringement made
prior to registration day. Act (2005:293).
18 b If the applicant demonstrates probable cause that someone has
made a company Intrusion the Court may under penalty may decide to
any of those referred to in the second subparagraph shall provide
applicant information on the origin and distribution networks of the
goods or services to which the infringement relates
(the information injunction). Such a decision, announced on the
claim of having suffered infringement. It may only be communicated to the
If the information is likely to facilitate the investigation of a
infringement relating to the 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
the interference comes,
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
at the intrusion, or
5. has been identified for any listed in 2-4 as a part
in the 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 have 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.
The provisions in the first to third paragraphs apply also in
respect of threatened infringement.
Law (2009:113).
18 c § an information injunction 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 obligation to submit information under paragraph 18(b) covers
information whose disclosure would disclose that the respondent
or him or her next of kin as referred to in chapter 36.
section 3 of 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.
Law (2009:113).
18 d §/expires U: 2016-09-01/
A decision on the information injunction may be communicated by
the Court in which the lawsuit if the infringement is ongoing. In the other case
in the case of competent jurisdiction as provided in section 24 for which
intended target 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 a court should not, however,
applied.
If the claim on the information injunction directed at the
that is the applicant's counterpart in an action for infringement, shall
rules on the trial of the case
applied. Decisions on 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 the court cases apply. For the examination of the question, the
also kept hearing pursuant to chapter 37. the code of judicial procedure. The Court of Justice
may decide that each party should be responsible for their
legal costs.
Action for imposing liquidated damages may be brought by the applicant for
the order and shall 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
gets an action be brought if new information injunction.
Law (2009:113).
18 d §/comes into force in: 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 brought by the applicant for the order. Law (2016:197).
18 e § whoever, due to the provisions of section 18 (b)
paragraph 2-5 has been submitted to that referred to in the first subparagraph, the same
section provide information have the right to equitable remuneration
for costs and inconvenience. The royalty shall be payable by the
has the claimant on the information injunction.
The provider of an electronic communications service
and that as a result of an information injunction has provided
out the information referred to in Chapter 6. section 20 of the Act (2003:389) if
electronic communications shall send a written
notification thereof to which it relates
at the earliest, after one month and not later than after three months from the
that the information was out. The cost of the notification
replaced in accordance with the first paragraph. Law (2009:113).
18 f § despite the ban in section 21 of the personal data Act (1998:204)
personal data relating to offences involving crimes
According to section 18 of the processed if this is necessary for a
legal claim can be established, be enforced or
be defended. Law (2009:113).
§ 18 g at the request of the plaintiff, the Court may, in the case of
infringement, require the person who has made or contributed to
the intrusion to fund appropriate measures to disseminate
information on the adjudication of the matter.
The provisions of the first subparagraph shall apply also in the case of
threatened infringement. Law (2009:113).
section 19 of those who intentionally or negligently makes
company infringement shall pay reasonable compensation for the use of
business 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 business reputation of the sign at issue,
4. non-pecuniary damage, and
5. the interest of that infringement did not occur.
The firm intrusion without intent or negligence, shall
pay compensation for the use of nutrition the sign, if
and in so far as it is reasonable.
Refers to the interference a firm protected solely because of
registration, compensation for the infringement that occurred before
registration day is paid only if the infringement made
intentionally.
The right to compensation for damage shall be time-barred, if the action is not
brought within five years from the date the damage occurred. The right to the
compensation by reason of infringement of the firm that is protected
solely on the basis of registration, however, do not become statute-barred in
no case earlier than one year from the date of registration.
Law (2009:113).
section 20 On the request of the person who has suffered trade infringement may
the Court, as appropriate, may decide that the property on
the nutritional characteristics of illegal presence to be revoked
from the market, modified or destroyed, or to any other
action to be taken with it. The same applies in the case of
instrumentalities used or intended to be used in the
the intrusion.
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 18. In
ask if such seizure apply 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 trade infringement shall pay remuneration 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
shall be adopted in accordance with section 18 or under the criminal code.
Law (2010:1889).
20 a of If it is reasonably likely that someone has done or
participated in infringed, the Court may order that the evidence
to be able to be secured if the infringement may decide that an investigation may
be made with him to search for objects or documents
likely to be relevant to an investigation of infringement
(infringement search).
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 provisions of the first and second subparagraphs shall also apply in the
respect of threatened infringement.
Law (2009:113).
20 b/expires U: 2016-09-01/
A decision will be announced by the infringement search
Court in which the trial relating to the infringement in progress. If the trial
is not initiated, the competent court in respect of the like
provided for in section 24 for which the intended target and in the code of judicial procedure
If civil proceedings for other cases related to infringement. It is said in
the code of judicial procedure concerning restriction of jurisdiction in
case of dispute to be addressed in different order than before
Court should not, however, apply.
A question of infringement search may be collected only on
claim of the suffering of the sign or its
use. If the trial is not commenced, should the claim
be made in writing.
Before a decision on the examination will be communicated to the opposing party have
had the opportunity to be heard. the Court may, however, immediately
announce a decision until it has been decided,
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 arising
When the trial is not commenced to be dealt with in the same way as if
the issue arose during the trial. Law (2009:113).
20 b/entry into force: 2016-09-01/
A question of infringement search may be harvested only at the request of the person who suffers the damage of the sign or its use. If a trial is not commenced, should the application be presented in writing.
Before a decision on the examination will be 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 was raised during a trial. Law (2016:197).
section 20 (c) a decision on the infringement search may be communicated only
If the applicant set security at the Court for the damage
can be added. 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
of the other party.
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.
Act (1998:1458).
§ 20 d a decision on infringement search shall include
data on
1. what purpose the investigation shall have,
2. the objects and documents that may be searched for, and
3. What are the areas that get scanned.
If necessary, the Court shall also order the other conditions
for the execution. Act (1998:1458).
20 e § a decision on infringement search terms immediately. If
application for enforcement has not been made within one month from the
the decision, due it.
If the applicant fails within a month from the enforcement
completed court or in any other manner initiates
proceeding on the matter, an action undertaken by
implementation of intrusion investigation immediately go back,
to the extent possible. The same applies if a
decision on infringement search is repealed since the enforcement
implemented. Act (1998:1458).
20 f § a decision on infringement search is carried out by
Enforcement authority under the conditions that the Court has
and with application of the 1-3 chapter, chapter 17. 1-5 sections
and chapter 18. the enforcement code. The claimant's counterparty will
notified of the execution only if the decision on the
infringement search have been added after the other party's hearing.
The authority has the right to take photographs and make video and
sound recordings of such objects as it may find.
The Authority also has the right to take copies of or extracts from
such documents as the may find.
An infringement search shall not include a written document
referred to in Chapter 27. section 2 of the code of judicial procedure. Law (2006:689).
20 g § When a decision on infringement search shall be enforced
the defendant has the right to call a lawyer. In
While waiting for the processor to appear, the enforcement
not be started. 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. Law (2006:689).
20 h § Photographs and video and audio recordings by subject
as well as copies of and extracts from documents shall be listed and
shall be made available to the applicant and the respondent.
Act (1998:1458).
section 21 For intrusions in the firm is protected merely because of
registration may not be sentenced to penalties, compensation or other
action under section 18-20 then registration terminated by judgment
as final. Act (1998:1458).
section 22 Brought an action for infringement of a registered firm and makes it
against which an action is brought relating to registration is invalid,
asked if invalidity is tested only after the action for revocation
has brought. The Court may submit to the claiming that
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 business name is sought
the registration is invalid. Law (2010:1889).
23 repealed by law (2010:1889).
24 §/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 business name, firma infringement or if
fixing, brought an action in the District Court of Stockholm.
Law (2010:1889).
the entry into force of section 24/in: 2016-09-01/
Patents and the market Court is the proper Court in matters under this Act if they are not to be dealt with under the Act (1974:371) on trial in labour disputes.
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 (2016:197).
section 25/expires U: 2016-09-01/
A court shall notify the Registrar if a
judgment comes
1. cancellation of the registration of a trade name, or
2. infringement of a registered trade name.
The Court shall also notify the Registrar if a
ruling in a case in which brought declaratory action regarding a
registered firm. Law (2010:1889).
section 25/entry into force: 2016-09-01/
The Court shall notify the Registrar if a judgment that applies
1. cancellation of the registration of a trade name, or
2. infringement of a registered trade name.
The Court shall also notify the Registrar if a judgment in a case in which brought declaratory action in respect of a registered firm. Law (2016:197).
Firm drawing, etc.
section 26 of the signatory takes place through the clear indication of the full
firm and signature with the name of the signatory. At drawing of
secondary name also indicates the firm for the whole operation.
Under liquidation or bankruptcy, the firm signed with extensions that
Enter the changed relationship.
If the signatory is valid in General what in other statutes is particularly
prescribed for various kinds of business.
paragraph 27 of the Sveriges riksbank, the Swedish skeppshypotekskassan and other
institution or Association for which the King established
company has the exclusive right to this as if the firm has been registered
According to this law. Law (2011:455).
Appeal
section 28/expires U: 2016-09-01/
A decision under section 16 l of administrative cancellation of a
registration of a firm may not be appealed. The same applies to
a decision by which a case has been handed over to the
District Court or written off pursuant to paragraph 16 (j). Other
decisions on administrative revocation may be appealed to the
District Court within three weeks from the date of the decision. Decision under
the handling of such a case cannot be appealed
in particular. Law (2010:1889).
28 section/entry into force: 2016-09-01/
A decision under section 16 l of administrative cancellation of a registration of a firm may not be appealed. The same applies to a decision to surrender to the Tribunal or depreciation in accordance with paragraph 16 (j). 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 (2016:197).
section 29/expire U:2016-09-01 by law (2016:197)./
An appeal pursuant to section 28 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 filed with the Registrar.
During the proceedings in court law (1996:242) if
Court cases. The Registrar shall not, however, be
party to the proceedings. Law (2010:1889).
Authorization
section 30 the Government may provide for fees in cases
If the administrative revocation of business registration under this law.
Law (2010:1889).
Transitional provisions
1974:156
1. this law shall enter into force on 1 July 1974.
2. the application for registration is made before the entry into force avgöres
under the older law, unless the applicant requests that the new law is applied.
3. The new law applies even on firm registered under
older teams. In the case of such a firm, however, paragraphs 4 and 6 below.
4. registration effected before the entry into force may be cancelled in accordance with paragraph 16 of the
the first paragraph only prohibiting its use could have been communicated to the
under the older law.
5. Exclusive rights based on nutritional characteristics in use before
the new law's entry into force expires at the end of June 1976, if
the sign is not registered or has become well established before that. This
However, no firm that consists of the holder's family name or business
for insurance undertakings referred to in paragraph 349 d law (1948:433) if
insurance business.
6. regarding the right to compensation for trade infringement that occurred before
the new law's entry into force, in addition to the provisions of
Regulation (1862:10 p. 1) if ten-year limitation period and if the notice on the
unknown creditors, to the right is lost if the action is brought, not before
end of June 1979, or at such later date as may arise from
the third paragraph of point 19 of the other new teams.
7. the provisions of paragraph 21 of the new Act holds the corresponding application in question
for infringement that occurred before the entry into force.
1994:237
This law shall enter into force on 1 July 1994. It does not apply in respect of
infringement which has been made before then.
2009:113
1. this law shall enter into force on 1 april 2009.
2. the provisions of 18 b-18 and 18 g § § shall not apply
When the intrusion, or attempt or preparation for
infringement, committed before the entry into force.
2010:1889
1. this law shall enter into force on July 1, 2011.
2. The new provisions shall also apply to
nutritional characteristics have been incorporated, firms that have
registered or business registrations that have been applied for prior to
entry into force, subject to the provisions of 3.
3. Older rules still apply in the case of measures
taken or rights acquired prior to
the entry into force.
4. National and international trademarks by
registration has been granted protection in Sweden according to older
Regulation shall be deemed to constitute trade marks referred to in
10 paragraph 1.
2016:197
1. this law shall enter into force on 1 september 2016.
2. 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.
3. Older provisions still apply to other cases that have commenced in the Court prior to the entry into force.
