Section 1 On The Trademark Register
The Trademark Register kept by the Patent and Registration Office shall contain information on trademarks registered in this country and a separate part for collective marks.
Section 1a
The Trademark Register shall be kept with the aid of automatic data processing.
The Trademark Register shall be kept for:
1. coordinated registration of and information on trademarks;
2. processing of cases for registration; and
3. producing registration certificates and excerpts from the register.
Section 2
Unless otherwise prescribed, the provisions of this Regulation concerning
trademarks shall apply also to collective marks.
Section 3
When the decision on registration of a trademark has been taken according to Section 20, first paragraph, of the Trademarks Act, the Registration Authority shall immediately enter the mark in the register under the nearest following available number.
In the register it shall also be recorded:
1. the registration number of the trademark and an indication of the application number, if it is different;
2. the date the application was filed and the registration date;
3. the proprietor's name or the trade name and his mailing address;
4. an indication of the goods or services and classes to which the goods or services are accorded, and in the case of collective marks, the condition under which the mark may be used;
5. an indication of how the figurative elements of a trademark have been classified; and
6. an indication of such exceptions from protective rights pursuant to Section 15 of the Trademarks Act.
Where a description pursuant to Section 10 of this Regulation has been requested,
the description shall be entered into the Register.
In appropriate cases also indication of the circumstances referred to in Sections 28 to 30 of the Trademarks Act shall be recorded.
Where the proprietor of a trademark does not have his domicile in Sweden or where the trademark proprietor so requests, record of his Attorney shall be recorded.
Section 4
An application for renewal of registration shall be entered into the register without delay stating the date of the application. When a case has been decided upon, the decision shall be entered into the register. Where a renewal is granted for a person other than the person last recorded as being proprietor of the trademark, an entry shall simultaneously be made stating all relevant circumstances concerning the new proprietor.
Section 5
Where a trademark shall be removed from the register pursuant to Section 27 or 31 of the Trademarks Act, the date of decision and the reasons for the removal shall be recorded.
Section 6
Any entry of an assignment or licence agreement relating to a trademark pursuant to Section 33 or 34 of the Trademarks Act shall contain the name or trade name and mailing address of the new proprietor or licensee and state the date of the assignment agreement or licence. Where the applicant so requests, an indication of any limitation of the licensee's rights shall be entered.
Where a question concerning an entry of assignment or licence cannot be decided upon immediately, indication shall, nevertheless, be entered into the register stating that such an entry has been requested.
If property has been seized for debt, as is meant pursuant to Section 34a of the Trademarks Act, this shall be recorded in the register after it has been reported.
Registration pursuant to Section 34b of the Trademarks Act shall contain a record of the name and address of the pledgee and the date of the pledge grant, the date of the application for registration and the date of the decision on Registration.
Section 7 On Trademark Applications
An application for a trademark shall be in writing and shall be signed by the applicant or his Attorney. The application shall be in the Swedish language if the Registration Authority in a certain case does not permit otherwise. If an appendix to an application is written in a language other than Swedish, the applicant shall file a certified Swedish translation of the appendix if the Registration Authority so requires.
The person filing an application shall pay the stipulated fee under Section 24.
An application relating to several goods or services may be divided into two or more applications, in which the original goods and services are separated. Such applications shall have the same filing date and priority as the original application.
Section 8
Where someone simultaneously applies for registration of several trademarks or otherwise requests some action relating to several trademarks, a separate application shall be made for each mark if nothing else is stipulated in the second and third paragraphs.
An application for a change of record of the applicant's, proprietor's or Attorney's name or address may relate to several applications or registrations if the application numbers or registration numbers are stated.
Where an assignment or other transfer has taken place regarding several registered trademarks, one single application for recordal of this fact may be made, provided that both the previous and the new proprietor is the same for all marks and all the registration numbers are stated.
Section 9
An application for registering a trademark shall contain:
1. the name or trade name and mailing address of the applicant;
2. if the applicant is represented by an Attorney, the name and mailing address of the Attorney;
3. where the mark is a figurative mark or a design, a picture of the mark suitable for reproduction and, in the case of a word mark, its wording;
4. indication of the goods or services the mark is sought to protect, and the classes the goods or services are to be accorded.
If an application relates to registration of a figurative mark or a design at least 10 separate reproductions of the mark shall be appended to the application in a format not exceeding 8 cm x 8 cm. Where a mark is requested to be registered in colour, at least five of the reproductions shall be in colour and five in black and white.
Where the applicant does not have his domicile in Sweden, an extract from the Trademark Register of his country of origin shall be filed with the application, showing that the trademark is registered there for him for the same goods which the application in this country relate to ("certificate of country of origin"). Separate provisions apply regarding exceptions from the need to file a certificate of origin.
The Registration Authority shall issue detailed provisions concerning the contents of an application.
Section 10
Where the Registration Authority considers it necessary in cases relating to the registration of a trademark, the applicant shall describe the trademark in writing and indicate what in his opinion the characteristic features of the mark are.
Where the Registration Authority considers it necessary in cases relating to the registration of the shape of an item, the applicant shall file examples of the shape, which the Authority shall keep. The Authority may, in specific cases, allow reproductions to be filed in a format larger than that stipulated under Section 9, second paragraph.
Section 11
An opposition, pursuant to Section 20, second paragraph, of the Trademarks Act shall contain:
1. the name or trade name and mailing address of the opponent;
2. where the opponent is represented by an Attorney, the name and mailing address of the Attorney; and
3. indication of the circumstances which constitute the basis of the opposition.
The opponent or his Attorney shall sign an opposition writ. The opposition writ and any other cited documents shall be filed in duplicate.
Section 12
An application for renewal of a registration shall contain:
1. the name or trade name and mailing address of the applicant;
2. an indication, pursuant to Section 9, first paragraph, item 2, where any change has taken place in that connection;
3. information regarding the limitations of protection rights the applicant wishes to make, and in such a case, what class or classes of goods or services according to the applicant the registration thereafter shall be accorded.
The following shall be attached to the application:
(a) a document attesting the right of the applicant to the mark, if the applicant is not the person recorded in the register as the proprietor of the mark;
(b) certificate of country of origin, if the mark has been registered under the stipulations pursuant to Section 29 of the Trademarks Act.
Where the application only relates to renewal of the registration and made by payment of the renewal fee, at the same time the proprietor of the registration and the registration number shall be stated.
Section 13
An application for an alteration of a registered trademark, pursuant to Section 24 of the Trademarks Act, shall contain:
1. the name or trade name and mailing address of the applicant;
2. indications as referred to under Section 9, first paragraph, item 2, where changes have been made in that respect;
3. clear indications of the alteration to the mark the applicant wishes to make.
The following shall be attached to the application:
(a) where the applicant is someone other than the person recorded in the register as the owner of the mark, a document attesting the applicant's right to the mark;
(b) where the application relates to a figurative mark or a shape, separate reproductions of the mark in the format and in the number of copies as stipulated under Section 9, second paragraph.
Registration of a trademark which relates to several goods or services may be divided into two or more registrations between which the initial goods and services are distributed. Such registrations shall have the same filing date and priority as the original registration.
Section 14
An application for recordal in the Trademarks Register of an assignment or other transfer of rights to a registered trademark shall contain the information as stipulated under Section 9, first paragraph, items 1 and 2, relating to application for registration. If the applicant is someone other than the new proprietor, the application shall also contain written approval of the requested action by the applicant.
The following shall be attached to the application:
(a) a document which proves the assigned rights to the mark and where it is indicated whether transfer has taken place with or without transfer of the business activity to which the trademark belongs,
(b) a certificate of country of origin, if the mark has been registered according to the stipulations under Section 29 of the Trademarks Act.
Section 15
An application for recordal in the Register of a licence to the right of a registered trademark may be made by the proprietor of the trademark or the licensee. The application shall contain information regarding the licensee's name or trade name and mailing address and the date of the licence agreement. If the applicant requests that a record of the limitation of rights of the licensee shall be made, the application shall contain an indication of said limitation.
The original licence agreement between the owner of the trademark and the licensee or a certified copy of the document or a certified extract from the document shall be attached to the application.
An application for recordal of a pledge, pursuant to Section 34b, of the Trademarks Act, shall contain information of the pledgee's name or trade name and mailing address and the date of the pledge grant.
The original pledge agreement or a certified copy shall be attached to the application.
Section 16 On the Proceedings in Trademark Cases
If the applicant requests priority, pursuant to Section 18 of the Trademarks Act, from the day when the product for which the mark is used for was exhibited for the first time at an international exhibition, he may request this prior to the grant of registration. Documentation to which the applicant refers to as proof that the exhibition is considered as an international exhibition shall be attached to the request.
Section 17
Where an opposition has been filed against a registration, the Registration Authority shall inform the owner of the trademark of the opposition and provide him with an opportunity to be heard.
Section 18
Regarding the procedures in cases concerning the removal of trademarks from the Register and in cases of registration, pursuant to Sections 24, 33 and 34 of the Trademarks Act, Section 19 of the same Act concerning the examination of an application for registration shall apply mutatis mutandis.
Where the owner of a trademark requests that the mark shall be removed and there is a licence agreement recorded in the register, the licensee shall be informed and given reasonable time in which to take care of his interests in the case.
Section 19
The Registration Authority shall, for a fee to be determined by the Authority, reply to questions from the public on whether trademarks are registered or not. With regards to trademarks other than word marks, this shall, however, only apply when information can be provided without an extensive search.
Section 20 On Publication of Notices
Publication of notices concerning registration cases under the Trademarks Act and the Collective Marks Act shall be inserted in a special Gazette issued by the Registration Authority especially for this purpose.
Section 21
The publication of a notice concerning a registration pursuant to Section 20, first paragraph, of the Trademarks Act, shall contain a reproduction of the mark, or, where the mark is a word mark, the word that has been recorded and the information as referred to under Section 3, second paragraph.
Where a description of a figurative mark has been requested pursuant to
Section 10 of this Regulation, the description may be included in the notice.
Where the applicant has requested priority, pursuant to Section 18 or 30 of the Trademarks Act, or has requested that a mark shall be registered as it is registered in another State, pursuant to Section 29 of the Trademarks Act, this shall be stated in the notice.
The notice shall also state that any person wishing to oppose a registration shall do so in writing to the Registration Authority within two months from the date of publication of the notice and the opposition shall have the contents as prescribed under Section 11.
Section 22 [Annulled]
Annulled by Regulation (1986:1222)
Section 23 [Annulled]
Annulled by Regulation (1967:848)
Section 24 On Fees
On the filing of an application in a trademark case a fee shall be paid in an amount as indicated below:
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Type of Case
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Crowns
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Application for registration:
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(a) for protection in one class of a trademark other than a collective mark
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1,200
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(b) for protection in one class of a collective mark
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1,400
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(c) for each class exceeding the first
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500
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Application for division of an application for registration;
for each divided application
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1,200
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Application for division of a registration;
for each divided registration
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500
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For each application for registration, new divided application for registration or new divided registration concerning a mark containing figurative elements or where registration in specifically designed characters is requested, an addition of
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200
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Application for renewal:
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(a) for protection in one class of a trademark other than a collective mark
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1,200
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(b) for protection in one class of a collective mark
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1,500
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(c) for each class exceeding the first
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600
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Where renewal is applied for after the registration period has expired, for each class an addition of
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150
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Application for alteration to a registered trademark
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150
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but for application in connection with renewal
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100
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Application for recordal of a new proprietor for each recordal of ownership
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100
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but for application in connection with renewal or alteration
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---
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Application for recordal of licence
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100
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Application for registration pursuant to Section 34b of the Trade Marks Act
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300
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Section 25 [Annulled]
Annulled by Regulation (1966:171)
Section 26 On Special Actions
Actions pursuant to Section 26, first paragraph and Section 35, third paragraph of the Trademarks Act and Section 5 of the Collective Marks Act shall be brought by a public prosecutor, if, for specific reasons the Government does not appoint some other authority.
Section 26a
The Patent and Registration Office shall prescribe any further provisions regarding classification of figurative elements in marks.
Section 27 On Community Trademarks
In cases connected to the Council Regulation (EG) No. 40/94 of 20 December 1993 on Community Trademarks, fees shall be paid to the Patent and Registration Office in the amounts stated below.
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Type of Case
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Crowns
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Application for a Community trademark pursuant to Article 25.1.b of the Council Regulation
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300
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Application for registration which is handed to the Patent and Registration Office pursuant to Articles 109 and 110 in the Council Regulation:
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(a) for protection in one class of a trademark other than a collective mark
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1,200
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(b) for protection in one class of a collective mark
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1,400
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(c) for each class exceeding the first
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500
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Application for division of an application for registration for each divided application
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1,200
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Application for division of a registration, for each divided registration
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500
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For each application for registration, new divided application for registration or new divided registration concerning a mark containing figurative elements or where registration in specifically designed characters is requested, an addition of
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200
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Certification pursuant to Article 89.3 of the Council Regulation
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300
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Section 28
The Patent and Registration Office shall provide such examination reports as referred to under Article 39.2 in the Council Regulation on Community trademarks.
Section 29
The Patent and Registration Office shall be the competent Authority for authenticity control of decisions as referred to under Article 81.6 in the Council Regulation on Community trademarks.
Section 30 On International Trademark Registrations
The Trademark authority shall examine questions on international trademark registration, in addition to stipulations according to the Trademarks Act in accordance with the stipulations in the Protocol of June 27, 1989 to the Agreement on International Registration of Trademarks of April 14, 1891 and in the common regulations on said Protocol.
Section 31
The Trademark Authority shall in accordance with the stipulations in the Protocol and in the common regulations on the Protocol, prescribe the information to be stated on an application of an international trademark registration, pursuant to Section 51 of the Trademarks Act.
Section 32
Where an application for an international trademark registration is filed with the Trademark Authority, a number shall immediately be given to that application. This number shall be recorded on the application and the date when the application was filed with the Authority.
Section 33
When, pursuant to Section 51, second paragraph, of the Trademarks Act, someone files a request with the Trademark Authority that an international trademark registration, the proprietor of which resides in Sweden, shall be valid in other countries (later designation), the Authority shall record the date the request was filed. The Authority shall then send it to the International Bureau so as to arrive at that Office within two months from the date the request was filed.
Where an Authority, according to Rule 24(5) of the common regulations on the Protocol, receives notification from the International Bureau that an amendment shall be made to such a request, the Authority shall, if they consider it necessary, inform those who made the request that they shall comment on the notification. The Authority shall inform the International Bureau of this action. The information shall arrive at the Bureau within three months from the date of the notification.
Section 34
Any action, pursuant to Section 53, second paragraph of the Trademarks Act, informing those applying for an international trademark registration that they shall make an amendment in the application shall not be issued at a later time than one month from the application date, if there are no particular reasons. Only one action may be issued.
Section 35
The Trademark Authority shall forward to the International Bureau without delay the applications it has received according to Rule 25(1) in the common regulations on the Protocol.
If the Authority receives a notification from the International Bureau that an amendment shall be made to such an application, the Authority shall, if it considers it necessary, inform those who made the application that they shall comment on the notification. The Authority shall inform the International Bureau of this action. The information shall arrive at the Bureau within three months from the date of the notification.
Section 36
When a Power of Attorney concerning international registration or an application on such registration is filed with the Trademark Authority, the Authority shall send the Power of Attorney immediately to the International Bureau.
Section 37
When the Trademarks Authority receives notification from the International Bureau that an international registration shall be valid in Sweden, the Authority shall immediately enter a record of this in the Trademarks Register.
Section 38
When notice according to Section 55, second paragraph of the Trademarks Act, relating to a notice from the International Bureau that an international trademark registration shall be valid in Sweden, in addition to that stated in the stipulations, it shall contain the following information:
1. the international registration number;
2. the mark the registration relates to; and
3. the class or classes accorded to the goods or services of the registration.
The Trademark Authority shall determine what additional information shall be included in the published notice.
Section 39
That stated in Section 11, relating to oppositions pursuant to Section 20, second paragraph of the Trademarks Act, shall also apply to oppositions pursuant to Section 55, third paragraph of the Trademarks Act.
Section 40
A notice by the Trademark Authority, pursuant to Section 56, second paragraph, point three, of the Trademarks Act, shall state the number of the international registration and its owner, and the day the term for opposition expires.
Section 41
When the Trademark Authority, pursuant to Rule 27 of the common regulations on the Protocol, receives a notice from the International Bureau of a change of ownership of an international registration valid in Sweden and the Authority cannot accept the change, the declaration, which is stipulated in Rule 27(4) shall be issued within two months from the date of the notice.
Section 42
On the question of international registrations, the Trademark Authority may decide what statements in the information given in Section 3, shall be recorded in the Trademarks Register.
Section 43
Notice from the Trademark Authority to the International Bureau of International Trademarks shall be written in the English language.
Section 44
Notice from the Trademark Authority to the International Bureau shall be signed by an authorized person, except where the notice is sent by telex or telegram or by electronic means, pursuant to what is stated in the common regulations on the Protocol.
Section 45
The Trademark Authority shall come to an agreement with the International Bureau on the sending of applications, certificates or other information via electronic means and on the manner in which these shall be signed or otherwise identified by those responsible for them.
Section 46
The fees stipulated in Section 24, for applications for registration of trademarks and for renewal of registrations shall be applied also to applications for international trademark registrations and applications for renewal of international registrations which are filed with the Trademark Authority.
For recording in the Trademarks Register of the circumstances pursuant to Section 58 of the Trademarks Act, a fee of 1,200 crowns shall be paid.
Section 47 Validity and Transitional Regulations
This publication is valid on January 1, 1961.
This Publication annuls:
1. the publication of December 31, 1895 (No. 105, page 5) relating to the nature of the documents to be filed in cases for registration of trademarks;
2. the publication of June 6, 1918 (No. 384) relating to records etc. in the Trademarks Register;
3. the publication of April 8, 1921 (No. 133) relating to the protection of Icelandic trademarks;
4. the publication of September 30, 1926 (No. 42) relating to protection of trademarks belonging to companies in the Union of the Socialistic Soviet Republic;
5. the publication of January 15, 1932 (No. 3) relating to protection of Lithuanian trademarks;
6. the publication of December 4, 1936 (No. 591) relating to protection of Chilean trademarks;
7. the publication of May 21, 1948 (No. 302) relating to protection of trademarks belonging to companies in Nigeria;
8. the publication of June 15, 1951 (No. 432) relating to protection of trademarks belonging to companies in The Federation of Malaya;
9. the publication of April 22, 1955 (No. 146) relating to protection of trademarks, belonging to companies in the Bahamas;
10. the publication of May 2, 1957 (No. 111) relating to protection of trademarks belonging to the Folk Republic of China; and
11. the publication of August 15, 1958 (No. 443) relating to protection of trademarks belonging to companies in the Philippines.
Section 48
Prior to an application for registration of a trademark, which is filed but not concluded before January 1, 1961, being published according to Section 20 of the Trademarks Act, the applicant shall pay fees for the application pursuant to Section 24 above. The fees shall be calculated on the number of classes the application comprises at publication; however, where the required registration at publication does not comprises goods in more classes than three, a further fee in additional to that stipulated in Section 3 of the Trademarks Act (the former Act) shall not be claimed from the applicant. From the sum of said fee a reduction shall be made by the amount paid previously in the case by the applicant for the corresponding fee.
When the applicant does not complete the payment as stipulated in the first paragraph, the Registration Authority shall notify the applicant that within a stipulated time he shall pay the deficit. If the notification is not complied with the application shall be cancelled.
Section 49
If on January 1, 1961 there is an application waiting for renewal of registration of a trademark, whose registration period has expired previously and the fees in the required manner have been paid pursuant to Section 9, second paragraph of the Trademarks Act (the former Act), further fee shall not be taken. In any other case the renewal application, which on January 1, 1961 is waiting for processing, the fees shall be taken according to what this publication stipulates.
Where an application, which is waiting to be processed on January 1, 1961, relates to a trademark with a registration period expiring after the end of 1961, that which is stipulated in Section 23 of the Trademarks Act shall not comprise any bar to the application being processed as if filed in the stipulated manner.
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