1 
 
This is an unofficial translation of the Trademarks Act, SFS 2010:1877. Should there 
be any differences between this translation and the authentic Swedish text, the 
authentic Swedish text will prevail.  
 
TRADEMARKS AC T 
(Swedish Statute Book, SFS, 2010:1877 , as last amended by SFS  2020:545)  
 
CHAPTER 1. General Provisions   
 Scope of application of the Act  
 Trademarks  and other trade s ymbols  
 Article 1 . This Act contains provisions on trade marks  and other trade symbols for goods 
and services which are supplie d in an economic activity  and to which anyone may acquire 
exclusive right s. (Act 2018:1652)  
 Collective marks, guarantee m arks and c ertification  marks 
 Article 2.  An association, a  company  or any other organis ation  may acquire exclusive right s 
for its memb ers to use common trademarks  (collective marks) and other  trade symbols in an 
economic activity.  
 A public  authority issuing  regulations  on, or exercis es control of , goods or services may  
acqui re exclusive right s in trademark s (guarantee or certification  marks) and other trade symbols 
for use for the  goods or services which are subject to the r egulations or the control  on 
condition that the public authorit y does not make available goods or services of this kind. 
The same applies to others that e stablish conditions for , or exercis e control of , goods  or 
services. (Act 2018:1652).  
 
European Union trademarks  
 Article 3.  This  Act also contains certain provisions on European Union trademarks.  
 European Union trademarks are trademarks  pursuant to Regulation (EU) 20 17/1001 of the 
European Parliament and of the Council of 14 June 2017 on the European Union trademark (Act 2017:993).  
 Subject m atter liable to  constitute a trademark  
 Article 4.  A trademark  may consist of any sign s which are distinctive and which can, in  a 
clear way, be represented in the Trademark Register of the Patent and Registration Office.  
 
A “sign” refers  especially  to words, including personal names, and designs, letters, numerals , 
colours, sounds and the form or shape of a product or its  packagin g. (Act 2018:1652).  
 
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Distinctiveness  
 
Article 5.  A trade symbol shall be deemed to be distinctive if it  is capable  of distinguishing  
goods  or services supplied in one economic activity  from those supplied in another one.  
 
Lack of distinctive character  may be due to the fact that a trade symbol consists exclusively 
of signs or indications which  
 
1. serve, in trade, to designate the kind, quality, quantity, intended purpose , value, 
geographical origin or other characteristics , or the time of production of the 
goods or rendering of the services, or  
2. have become customary in the current language or in th e bona fide and 
established practices of the trade  as a usual denomination for the product  or the 
service .  
 In the assessment  of whether a trade symbol is distinct ive, consideration shall also be given 
to the fact that  it may acquire distinctiveness th rough use.  (Act 2018:1652)  
 
Acquisition of e xclusive r ights 
 Exclusive right s through registration  
 Article 6. Exclusive rights in trademarks  may be acquired through r egistration in the 
Trademark  Register pursuant to Chapter 2. The Register is kept by the Patent and 
Registration Office.  
 Exclusive rights in trademarks  may be acquired also by international registration pursuant  to 
Chapter 5.  
 
Exclusive right s through  establishment on the market  
 Article 7.  Exclusive right s in a trade symbol may , without registration, be acquired through 
establishment on the market.  
 
A trade symbol is deemed to be established on the market , if it is, in this country , known by 
a significant  part of the  turnover sphere to which it is directed  as an indication for the goods 
or services which are supplied under the trade symbol . If the trade symbol is established on 
the market only within a part of the country, the exclusive right s apply  only w ithin that 
territory.  
 
Exclusive right s in trade names and  personal names as trade symbols  
 Article 8.  The holder  of a trade name or anothe r commercial sign  has exclusive right s in the 
trade name or commercial sign  as a trade symbol. If the commercial sig n is protected only 
within a part of the country, the exclusive right s apply  only within that territory . 
 A party  using its personal name as a trade symbol has exclusive right s in the symbol as a 
trade symbol, provided that  the name is distinctive for the goods or services for which it is 3 
 
used. If the name is used only within a part of the country, the exclusive right s appl y only 
within  that territory.  (Act 2018:1652) . 
 
Symbols not liable to  be covered by an e xclusive r ight 
 Article 9.  No exclusive right s may be acquired in symbols that consist exclusively  of a shape  
or other characteristic which  
 
1. results  from the nature of the goods,  
2. is necessary for the goods to obtain a technical result, or  
3. gives a substantial value to the goods. (Act 2018:1652). 
 
Meaning of an e xclusive r ight 
 Article 10.  The exclusive right  in a trade symbol pursuant to A rticles 6– 8 imp lies that no one  
other  than the holder  is entitled to  use, in economic activities , without the holder ’s consent, 
a symbol for goods or services which  is 
 
1. identical with the trade symbol , and is used for identical goods or services,  
2. identical with , or similar  to, the trade symbol  and is used for identical or similar 
goods or services , if a risk for confusion exists, including the risk that the use of 
the sym bol leads to the conception that a link exists between the user of the 
symbol and the holder of the trade symbol or  
3. identical with , or similar to , a trade symbol which  is in this country known within 
a substantial part  of the turnover sphere , if the use without due cause takes unfair 
advantage of, or is detrimental , to the distinctive character or the reput ation of 
the trade symb ol, regardless of whether the use relates to goods or services of the 
same, similar or other kind.  
 
As use is considered, especia lly, to  
 
1. affix the s ymbol  on goods or the packaging thereof,  
2. offer goods  for sale , put them on the market, stock them for these purposes or 
offer or supply services under  the s ymbol , 
3. import or export  goods under the s ymbol , 
4. use the s ymbol as a trade name o r another commercial symbol or as a part of a 
trade name or a nother commercial symbol, and  
5. use the s ymbol  on business documents  and in advertising.  
 The exclusive right in a trade symbol also includes that no one  other than the holder may, 
without his or h er permission, in  economic activities , transit or undertake any similar custom 
activity with respect to goods of the same kind under a sign which is identical with, or which 
in its essential features cannot be distinguished from, the trade symbol. This doe s not, 
however, apply if the holder of the trade symbol does not, under the law in the country of destination, have the right to prevent the goods from entering the market there.  (Act 
2018:1652).  
 
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Limitation of the e xclusive r ight 
 
Article 11.  The e xclusi ve right in a trade symbol does  not provide  any independent  
protection for a  part of the symbol which lacks  distinctiveness.  
 
The e xclusive right in a trade symbol does  not prevent a third party from using , in 
accordance with honest practices in industrial  or commercial matters , in economic activities , 
 
1. his or her personal name or his or her address , 
2. indications concerning  the kind , quality, quantity,  intended purpose , value, 
geographical origin or other characteristics  of the goods  or the service , or the 
time of production of  the goods or rendering of the service,  
3. the trade symbol  for identifying, or referring  to, the goods or  the services of the 
holder.  
 The exclusive right in a trade symbol does not prevent  someone e lse from using, in 
economic activities , the s ymbol  in his or her advertising in order to directly or indirectly 
indicate the holder or his or her goods or services ( comparing advertising) in a way which is 
in conformity with the Marketing Practices Act (2008:486).  
 
The e xclusive right in a collective , guarantee or a control mark does  not prevent a third party 
from using , in economic activities , signs or indications specifying  geographical origin, 
provided that the use  is in accordance with honest practices in industrial or commercial 
matters . The exclusive right in such a mark does not  prevent a third party  entitled to use a 
geographical name to do so.  (Act 2018:1652).  
 Exhaustion of the e xclusive r ight 
 Article 12.  The e xclusive right in a trade symbol do es not prevent someone other than the 
holder from using the symbol with reference to goods which have been put on the market in 
the European Economic Area under that trade symbol by the holder  or with the holder´s  
consent.  
 
The first  Paragraph does  not apply when the condition of the goods has b een changed or 
impaired after they have been put  on the market or whe n other legitimate reasons exist for 
the holder  to oppose the use.  
 Conflicting rights  
 Priority right s  
 Article 13.  If several parties  claim exclusive right s in trade symbols which are identical or 
similar in the way pr ovided for  in A rticle 10, priority shall be given to the one  who has the 
earlie st legal basis  of his or her claim, unless otherwise follows  from  Article 14 or 15. 
  
 
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Consequence  of passivity  (registered trademarks ) 
 
Artic le 14.  The right  in a registered trademark  shall coexist with an earlier right  in a trade 
symbol which is identical or similar in the way pr ovided for  in Article 10, if  
 
1. the application for registration was  made in good faith, and 
2. the holder  of the earlier  right has been aware of , and acquiesced  in, the use in 
this country of the later trademark  for a period of five successive years  after the 
date of the registration . 
 If the trademark  has been used only for part of the goods or servi ces for which it is 
registered, the right s shall apply only to those goods or services.  
 
Consequence  of passivity (trade symbols established on the market)  
 Article 15. The right  in a trade symbol which  has been established on the market shall 
coexist with an earlier right  in a trade symbol which  is identical or similar in the way  
provided for  in Article 10, if the holder of the earlier  right  has not within a reasonable time  
taken  measures to prevent the use of the later  symbol.  
 
Inter vening rights  
 Article 16. The right in a re gistered trademark shall coexist with an earlier right in a trade 
symbol if  
 
1. the earlier  trade symbol did not have a distinctive character on the filing date or, 
where appropriate,  on the priority date for the later trademark,  
2. the earlier trade symbol, if it is identical or similar as prescribed in Article 10, first Paragraph, item 2, did not have sufficient distinctiveness so that a risk of 
confusion existed on the filing date or, where appropriate, on the priority date 
for the later trademark, or  
3. the earl ier trade symbol, when  it Is identica l or similar as prescribed in Article 1 0, 
first Paragraph, item 3, was not known in a substantial part of the turnover sphere  on the filing date or, where appropriate, on the priority date for the later 
trademark.  (Act 2018:1652). 
 
Coexistence 
 
Article 17.  In the cases referred to in Articles 14 to 16 the right in the later  trade symbol 
does not prevent the u se of the earlier one.  
Upon a claim by one of the parties , a Court may , in the cases referred to in Article 15, w here 
it is reasonable,  decide  that one of the symbols, or both, may  be used only in a specific 
manner, such as in a special form or with the addition of a name of a place or the name of 
the holder . Such a decision m ust not, however, concern a registered tr ademark . (Act 
2018:1652).  
  
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Obligation to provide i nformation  
 
Article 18.  At the publication or other making available of dictionaries, manuals and other 
similar  publications in printed or electronic form the author, publisher or editor is obliged to 
see to it that a registered trademark i s not reproduced in the document without an indi cation 
that the trademark is protected by registration, if the holder of the trademark req uests the 
indication to be included and the r eproduction gives the impression that  the trademark is a 
common denomination for the goods or services for which the trademark is registered.  
 
In respect of a  document in printed form an indication under the first Paragraph shall be 
included at the latest in the next edition. In respect of a document in electronic form , the 
indication shall be included without delay.  (Act 2018:1652).  
 CHAPTER  2. National registration of trademark s 
 Application for registration  
 Content of the application  
 Article 1.  A party wishing  to register a trademark  shall file an application in this respect to 
the Pa tent and Registrati on Office. The application shall  contain  
 
1. information about  the name or trade name  and address  of the applicant,  
2. information a bout the name and ad dress of any representative , 
3. a clear  represe ntation of the trademark , 
4. a clear list of the goods or services for which the trademark  is intended and t he 
classes to which th ey belong (list of goods or services).  
 
An application for the registration of a collective, guarantee or certification mark shal l, in 
addition, contain indications about which parties are entitled to use the trademark and the 
other conditions  under which the trademark  may be used.  In respect of a collective mark, 
information shall also be provided about the conditions for membership of the association.  
 
The applicant shall  pay the prescribed application fee.  
 The G overnment or a  Public Authority appointed by the Government may, pursuant to 
Chapter 8, Article 7 , of the Instrument of Government , issue more detailed  regulations 
concer ning the application procedure.  (Act 2018:1652)  
 Filing date  
 Article 1 a. The filing date for an application for registration is the date on which the 
following has been filed at the Patent and Registration Office:  
 
1. an indication that what has been filed is an application for registration,  
2. information about the name or  trade name  of the applicant , 
3. a clear representatio n of the trademark, and  7 
 
4. a list of the goods or services for which the trademark is intended.  (Act 
2018:1652)  
 
Alterations  of the application  
 Article 2.  The applicant may make such insignificant alterations  of the trade mark  applied for 
which  do not  affect  the overall impression  of the mark . The applicant may  also restrict  the 
list of goods or services mentioned in the application.  
 Division of the application  
 Article 3. An application which  includes several goods or services may  be divided into two 
or more applications to which the goods or services are allocated. The applications  shall be 
deemed to have the same filing  date and priority as the original application.  
 General c onditions for r egistration  
 Article 4.  A trademark  must  not be registered, if  the trademark consists exclusively  of a 
shape  or other characteristic which  
 
1. results of the nature of the goods,  
2. is necessary for the goods to obtain  a technical result, or  
3. gives  a substantial value  to the goods . (Act 2018:1652).  
 
Article 5.  A trademark must,  to be registered, be able to distinguish the goods or services for 
which it is intended.   
 
Article 6 . Signs or indications  whic h, in econom ic activities, serve at designa ting the 
geographical origin of the goods  or services may  be registered as collective, guarantee or 
certification  mark s, even if th ey lack distinctiveness pursuant  to Chapter 1, Article 5, second 
Paragraph, item 1.  
 
Public i nterest s as g round s for refusal of registration  
 Article 7.  A trade mark  must not be registered , if the trademark  
 
1. is contrary to l aw or  other r egulations  or to morality or public order , 
2. is likely to  deceive the public concerning  the nature , quality, geogra phical origin 
or any other circumstance related to the goods or service s,  
3. includes , without permission, such a State or international emblem or such a 
municipal escutcheon  which , under l aw or other regulations , must not be used 
without authorization as a trademark , or some thing  that may  easily be  mistaken 
for such an emblem or such a n escutcheon,  
4. includes , without permission,  such a sig n which under the Act (2014:812) on the 
Protection of Signs in the International Human Rights must not be used without 
authorization as a tra demark or something that may easily be mistaken for such a 
sign, 8 
 
5. contains  a designation of origin, a geographical indication, a n indication for  a 
traditional term  for wine  or an indication for a traditional specialty  guaranteed , to 
the extent that indication is protected under Union law , 
6. contains or consists of something that i s liable  to be conceived  as a geographical 
indication for wines or spirits and the mark relates  to wines or spirits of a 
different origin , or 
7. contains, or in essen tial parts reproduces , an earlier plant variety denomination 
which relates to a plant variety of the same or similar plant species to the extent 
that the plant variety is protected under Act (1997:306) on Plant Breeders´  Rights 
or Union law.  
 
A collective,  guarantee or control mark must not be registered if the conditions for  the use  
of the mark violates morality or public order.  Furthermore, a collective mark referred to in 
Article 6 must not be r egistered if the conditions do  not permit membership in the 
association for everyo ne who makes available such goods or services to which the mark 
refers and the goods or services originate in the geographical area to which the mark relates.  
(Act 2018:1652).  
 Other rights as grounds for refusal of registration 
 Article 8.  A trademark  must  not be registered , if the trademark  
 
1. is identical with an  earlier  trade symbol for identical goods or services , 
2. is identical with , or similar to, an earlier trade symbol for identical or similar 
goods or services , if a risk  of confusion exists , including the risk that the use of 
the trademark leads to the conception that a  link exists between the user of the 
trademark  and the holder  of the trade symbol,  
3. is identical with , or similar to , an earlier trade symbol which is known within a 
significant p art of the turnover sphere , and the  use of the trademark  would,  
without due cause , take unfair  advantage of , or be detrimental to , the distinctive 
character or repute of the trade symbol , regardless of whether the use r elates to 
goods or serv ices of the same, similar or other kind,  or 
4. may be mi staken for a symbol  which, at the time of the application, was  used by 
a third party in this country or abroad and is still in use, if the applicant was acting in bad faith at the time of the application.  
 ‘Trade s ymbol ’ pursuant to the first P aragraph, items 1 –3, means  
 
1. a trademark  registe red pursuant to this Chapter,  
2. a trademark  registered by  an international trade mark registration with effect in 
Sweden  pursuant to Chapter 5 , 
3. a trade symbol established on the market, if the protection based on the 
establishment on the market is valid within a  substantial  part of the country, and 
4. an European Union t rademark. (Act 2018:1652).  
 
 
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Article 9.  The obstacles to registration of trademarks  pursuant to Article 8, first P aragraph,  
items 1 –3 apply in the same way  to 
 
1. a registered trade name which  is being used in economic activities,  
2. such a personal name or such  a trade s ymbol  other t han a registered trade name 
which is protected pursuant  to Chapter 1, Article 8, if  the protection applies 
within a substantial part of the country . (Act 2018:1652). 
 
Article 10. A trademark must not be registered, if  it contains , or consists of , 
 
1. an element  which  is likely to be perceived as another party’s trade name , 
2. an element which is likely to be perceived as another person ’s surname  enjoying 
special protection, or another person´s generally known artistic name or similar 
name, if the use of the trademark would be to the disadvantage of the bearer  of 
the name , and the name obviously  does  not re fer to a person who is long 
deceased,  
3. a picture of another person that obviously does not refer to a person who is long 
deceased,  or 
4. an element  which  infringe s another party ’s copyright in a literary or artistic work 
or another party ’s right s in a photographic picture or in a design.  (Act 2018:1652)  
 Article 11.  The provisio ns of Articles 8 –10 do not constitute obstacles to  registration , if the 
holder of the earlier right consents to the registration.  
 
Exception from p rotection for  an element in  a trademark   
 Article 12.  If a trademark contains an element  which  may not be registered  solely by itself , 
and an obvious risk exists that the registration of the mark may  cause uncertainty about the 
scope of the exclusive right, this  element may  be expli citly ex cepted  from protection at the 
registration.  
 
If the element  later fulfils the conditions for registration, this element  or the trademark in its 
entirety may be registered followin g a new application without  an exemption  referred to in 
the first P aragraph.  
 Classes of g oods and s ervices  
 Article 13.  Trademarks  are registered in one or more classes of goods or services. The 
Government , or the P ublic A uthority appointed by the Government , issues more detailed  
regulations concerning the  classification of goods and services.  
 Priority  
 Article 14.  An application for registration of a trademark in Sweden shall, in relation to 
other applications or to the use of other trade symbols, be deemed  to have been f iled at the 
same time as an application for regist ration of the trademark which  was first filed in another 
country  by the applicant or by a party  that transferred the  right to the applicant , provided 
that the conditions in the second to fourt h Paragraphs are fulfilled.   10 
 
The earlier application shall  have  been filed  in  
 
1. another  State party to the Paris Convention for the  Protection of Industrial 
Property  of March 20, 1883,   
2. a State or a T erritory party to the Agreement Establish ing the World Trade 
Organis ation , or 
3. another  State or another T erritory, where  a corresponding priority from a 
Swedish application is accorded, and where  the legislation in force essentially 
corresponds to the Paris Convention.  
 
The application for registration of the trademark in Sweden shall be filed within six months 
from the fil ing of the application in the other S tate or Territory.  
 
An applicant wishing to claim  priority shall file  a request  to that effect before the trademark 
has been registered . The applicant shall  indicate  
 
1. who filed the earlier application , 
2. where and when th e earlier application was filed, and  
3. as soon as possible, the number of the earli er application.  
 
Article 15.  The Pa tent and Registration Office may  invite  the applicant  to prove , within a 
specified  time,  the right to priority by filing  
 
1. a certificate indi cating  the name of the applicant and the filing date, issued by the 
Authority which  received the earlier application,  
2. a copy of the application certified by the same  Authority  and, where applicable, a 
represent ation of the trademark.  
 The time indicated in  the invitation  must not expire earlier than three months from the filing 
of the application for registration of the trademark in Sweden.  
 
If the applicant fails to  comply with  the invitation , the right to priority does not apply. The 
applicant shall be informed about this in the invitation.  
 
Article 16.  An application for registration of a trade mark shall , in relation to other 
applications or to the use of other trade symbols , be deemed to have been filed  the first time 
when the trademark was used for goods  or service s displayed at an i nternational exhibition 
pursuant  to the Convention on International Exhibitions  signed at  Paris on 22 November 
1928,  if the conditions pursuant to the second and third P aragraphs are fulfilled. 
 The application for registrati on of the trade mark shall  be filed within six months from the 
date of the first use  of the trademark at the exhibition.  
 
An applicant wishing to claim  priority shall  file a requ est to that effect before the trademark 
has been registered  and show  when the t rademark was used at the exhibition. The applicant 
shall at the same time file the documents which  the applicant wants to invoke to prove t hat 
the exhibition was of the kind indicated in  the first Paragraph.  
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Processing of an application for registration   
 
Examination of the application  
 Article 17.  If the application fails to  fulfil  the requirements pursuant to Article 1 , first and 
second P aragraphs , and to Article 2,  or if there are  any obstacles to the registration pursuant  
to Articles 4 to 10, the Paten t and Registration Office shall invite  the applicant to cure  the 
deficiencies  or to f ile observations within a specified  time. The invitation shall contain 
information that the application might  be removed  from the files , if the  applicant fails to 
respond in due time . If the applicant fails to pay the application fee, the Office shall invite  
the applicant to pay the fee. The invitation shall contain information that the application 
might  be removed  from the files , if the applicant fails to  pay in due time .  
 If the applicant fails to  respond in due time  to an invitation pursuant  to the first P aragraph , 
or if the applicant fails to pay the application fee following a n invitation  to do so , the Patent 
and Registration Office may remove  the application from the files. 
 Article 18.  If there is still a deficiency  or an obstacle  pursuant  to Article 17, first P aragraph,  
first sentence , after the applicant has filed observations , the application shall be rejected , 
wholly or in part , unless there is a reason to issue a  new invitation  to the applicant.  
 Removal following withdrawal  
 Article 19.  If the applicant withdraws the application, the matter  shall be removed from the 
files. 
 
Reinstatement  of an application  removed from the files  
 Article 20.  The Patent and Registr ation Office shall reinstate an application which has been 
removed from the files  pursuant  to Article 17, second P aragraph, if the applicant within two 
months from the expir y of the pr escribed time complements or  amends the application.  
 The applicant shal l pay the prescribed re instatement f ee. 
 Transfer of an application owing to a better title   
 Article 21.  If a party  claims,  before the Patent and Registration Office , to have a better title  
to the trademark than the applicant and the matter  is un certain, t he Office may  invite the 
party to  bring an action before  a Court within a specified  time . If no action is brought in due 
time, the claim may  be disregarded  during the further  examination of the  application. The 
invitation shall contain information about t his. 
 If a case concern ing better title  in the trademark is pending before  a Court, the Pa tent and 
Regis tration Office may  declare the registration proce dure suspended until the case has been 
finally decided.  
 Article 22.  If a party  proves , before the Pate nt and Registration Office , that he or she has a 
better title  to the trademark than the applicant, the Office shall , upon request , transfer the 12 
 
application to him or her . The party  to whom the application is transferred to shall pay a 
new application fee.  
 
The application may not be amended, removed from the files,  rejected or approved before  
the claim has been finally adjudicated .  
 
Registration  
 Article 23.  If the application for registration of a trademark fulfils  the requirements referred 
to in Article 1, first  to third paragraphs, and in Article 2, and there is no obstacle to 
registration pursuant  to Articles  4 to 10, the Patent and Registration Office shall enter the 
trademark in to the Trademark Register. T he decision shall be announced.  
 
If an applica tion has been partly rejected , the trademark shall , when the decision has 
acquired  legal force,  be recorded in the Trademark Register  and announced with respect to 
the remaining goods or services.  
 When a collective, guarantee or certification  mark is  registered , information about the 
conditions  under which the trademark may  be used shall also be recorded in the Register and 
announced.  
 Opposition  
 Time limit for opposition and content  of the opposition  
 
Article 24. When the Patent and Registration Office has announced a registration of a 
trademar k, an opposition may be filed  against it . The opposition shall  be filed at the Office 
within three months from  the date of the announcement . If the opposition has not been 
filed in due time , it shall be dismissed . 
 The opposition shall  contain information about  
 
1. the name or trade name  and address of the opponent , 
2. the name and address of any representative,  
3. the registration to which the opposition relates, and  
4. the facts  invoked as the  ground for  the opposition.  
 
The G overnment or the P ublic A uthority appointed by the Government may , pursuant to 
Chapter 8, Article 7, of the Instrument of Government , issue more detailed r egulations 
concerning  the opposition procedure . (Act 2018:1652). 
 Deficiencies in the opposition  
 Article 25. If the opposition is so defective  that it can not be used as basis for an 
examination of the matter , the Patent and Registration Office shall invite  the o pponent  to 
cure the deficiencies  within a specified  time. If the invitation is not complied wi th, the 
opposition shall be dismissed . The opponent  shall be informed about this in the invitation.  
 13 
 
Communication of the opposition  
 
Article 26. The Patent and Registration Office shall inform the holder of the registered 
trademark about the opposition and give him  an opportunity to file observations withi n a 
specified  time.  
 If the opposition is obviously unfounded, it  shall be rejected immediately . 
 Solution in agreement  
 Article 27. At the request of the holder of the registered trademark and the opponent the 
Patent and Registration Office shall establish a period of not less than two months within 
which the parties shall try to find an agreement. The period may be extended, if the parties so request.  (Act 2018:1652). 
 Examination of an opposition  that has been withdrawn  
 Article 28 . If the opposition is withdrawn  the opposition procedure  may, nevertheless , be 
completed , if there are special reasons . The opposition procedure  may not , however, be 
completed , if the only bas is invoked for  the opposition are  grounds pursuant to Articles  8 to 
10. (Act 2018:1652).  
 
Decision on the opposition  
 Article 29.  If an opposition has been filed  the Patent and Registration Office shall, if an 
obstacle to  the registration exists under Articles 4 to 10,  revoke the registration wholly or in 
part. This does, however, not apply  if otherwise follows from Article 30.   
 An opposition which is based , wholly or in part , on a ground for refusal pursuant to Articles 
8 to 10 shall to  the same extent  be rejected, if it has been filed by a party that  does not 
oppose  in its  own interest and the holder of the registered trademark so requests.  
 If the registration  has, wholly or in part,  been revoked because of an opposition, the 
registration  shall to the same extent  be removed from the Trademark Register when the 
decision has acquired  legal  force.  The decision shall be announced.  (Act 2018:1652). 
 Article 30.  If an opposition against the registration of a trademark is based on an obstacle 
consisting of an earlier registered trademark pursu ant to Article 8 and if, on the filing date or, 
where appropriate, on the priority date , for the later trademark more than five years had 
lapsed after the issue of registration of the earlier trademark was finally decided, the following applies. The regist ration of the later trademark may  be revoked  only if the earlier 
trademark had  been put to genuine use for the goods or s ervices constituting the basis  for 
the opposition as referred to in Chapter 3, Article 2, or, if the earlier trademark is a 
European Union trademark, in the way indicated in  Article 18 of  the Regulation (EU) 
2017/ 1001 of the Europe an Parliament and the Council of 14 June 2017 on European 
trademarks , within the latest five years before the filing date or the priority date for the later 
trademark.  
 14 
 
If the earlier trademark has not been used to the extent provided for  in the first Paragraph, 
the registration of the later trademark may nevertheless be revoked if there are proper 
reasons why the earlier trademark has not been used to that exten t. (Act 2018:1652). 
 Alternation of a registration of a trademark  
 Insignificant a lteration of  a registered trademark  
 Article 31 . At the request of the holder  of a regist ered trademark , insignificant alterations  of 
the trademark which  do not affect the ov erall impression may  be recorded  in the Trademark 
Register.  
 A party applying  for a trademark alteration  shall pay the prescribed fee.  
 When a registered trademark is  altered , it shall be recorded in the Trade mark Register and 
announced.  (Act 2018:1652). 
 
Division of a registration  
 Article 32 . A registration of a trademark relating to  several goods or services may be divided 
into two or more registrations in to which the goods or services are allocated. The 
registra tions are deemed to have the same filing d ate and priority as the original registration.  
(Act 2018:1652).  
 
Alterations of the conditions  under which  collective, guarantee or certification  marks may  be used  
 Article 33 . If, after the registration,  the conditions  under which a collective, guarantee or 
certification mark may  be used are altered , the holder shall notify the Patent and Registration 
Office . 
 The altered conditions  shall be recorded in the Trade mark Register and announced provided 
that the conditions for the use of the trademark still sat isfy the conditions in Article 1, 
second Paragraph,  and that no obstacles exist to  the recording  of the altered conditions 
pursuant to Article 7, second Paragrap h. (Act 2018:1652). 
 
Duration of the registration 
 Article 34 . The registration is valid for te n years from the date of the filing of the  application 
for registration . (Act 2018:1652)  
 
Renewal of a  registration  
 Article 35 . The registration may  be renewed, wholly or in part , each time for a period of ten 
years counted from the expiry of the previous  registration period. An appli cation for renewal 
shall be filed at  the Patent and Registration Office no  earlier than six months  before , and no 
later than six months after , the expiry of the registration period.  
 15 
 
A party applying  for renewal  shall  pay the prescribed renewal fee  within the respite 
mentioned in the first Paragraph. A payment of the renewal fee made within the respite  shall 
be deemed  to be  an application for renewal.  
 
A decision to renew a registration shall be recorded in the Trade mark Regist er and 
announced.  (Act 2018:1652) . 
 
Article 36 . If it is not clear to which trademark registration an application for renewal refers , 
or if the renewal fee has not been paid, the Patent and Registration Office shall  invite  the 
applicant to cure the def iciencies . The invitation  shall contain information  that the 
application may  be removed from the files , if the applican t fails to respond in due time . 
 
If the applicant fails to  respond in due time  to an invitation pursuant  to the first P aragraph,  
or if the ap plicant fails  to pay the  renewal  fee following an invitation  to do so , the Pa tent and 
Registration Office may  remove the application from the files. If a def iciency pursuant  to the 
first P aragraph  still exists after the applicant has filed observations , the application for 
renewal shall be rejected , unless  there is  a reason to issue a new invitation to the applicant . 
 The Patent and Registration Office shall reinstate an application which  has been removed 
from t he files pursuant  to the second P aragraph, if the applicant within two months from 
the expiry of the prescribed time supplements  the application.  
 The applicant shall pay the prescribed reinstatement fee.  (Act 2018:1652).  
 Removal of a registration  
 Article 35.  If the holder  does not renew the regist ration , or if he or she requests that it be 
removed wholly or in part, the registration  shall be removed from the Trademark Register to  
the same extent . The decision shall be announced.  (Act 2018:1652)  
 CHAPTER  3. Re vocation of a re gistration  
 Grounds for revocation  
 General g rounds  
 Article 1.  A registration  of a trademark  may be revoked , if 
 
1. the mark has been registered in violation of  this Act,  
2. the registration still conflicts with this Act,   
3. the rights in  the mark may anyhow not persist pursuant to Cha pter 1, Article s 14, 
15 or 16 , and  
4. otherwise does not follow from Article 1 a. of  this Chapter.  
  
 
 
 16 
 
A registration may also be revoked,  if 
 
1. the trademark, as a result of activity or passivity of the holder , has in trade 
become a common name for goods or  services in respect of which it  has been 
registered , 
2. the trade mark has come in  conflic t with law or other r egulations or morality or 
public order , or 
3. the trademark  has become likely to deceive the public concerning the nature, 
quality, geographical origin or any other circumstance related to the goods or 
services  and this  is a result of the use which the holder  or someone with his or 
her consent has made of the mark for such goods or services for which it is registered .  
 In the consideration of whether the  registration of a trademark  should be revoked due to 
lack of distinctn ess, only such distinctness shall be taken into account which the trademark 
has obtained through use before the application for re vocation.  (Act 2018:1652). 
 Article 1 a. If a claim for  revocation of the registration of a trademark is based on an 
allegation that an earlier registered trademark constitutes an obstacle pursuant to Chapter 2, 
Article 8, and if , at the time of the application for re vocation,  more than five years had 
lapsed  after the issue  of re gistration of the earlier trademark was finally decided  the following  
applies.  The regi stration of the later trademark may be revoked  only if the earlier trademark 
has been put  to genuine use  for the goods and services constituting the basis for the claim in 
the way indic ated in Article 2, or, if  the earlier trademark is a European Union trademark, i n 
the way indicated in Article 1 8 in Regulation (EU) 2017/1001 of the European Parliament 
and the Council of 14 June 2017 on European Union trademarks, within the l atest five years 
before the application for revocation.  
 
If, on the filing date or, in appropriate cases , the priority date for the later trademark at least 
five years had passed after the issue  of registration of the earlier tradem ark was finally 
decided, the earlier trademark shall, furthermore, have been put to genuine use within the 
latest five years before the filing date or the priority date.  
 If the earlier trademark has not been used to the extent provided for in the first a nd second 
Paragraphs, the registration of the later trademark may nevertheless be revoked if proper reasons exist why the earlier trademark has not been used to that extent . (Act 2018:1652).  
 Failure to u se 
 Article 2.  A registration of a trademark may  be revoked, if the holder  has not , within five 
years from the final decision on the registration matter, or within a consecutive period of five years , made genuine  use of the mark in Sweden  in respect of  the goods or services for 
which it has been registered.  The registration m ust not, however, be revoked on grounds of 
failure to use,  if there are proper reasons  why the trademark has not been used.  
  
 
 17 
 
A use pursuant to the first P aragraph includes also  
 
1. when  the trade mark is used in a form other than the reg istered one if the 
difference relates only to details  which do not alter the di stinctive character of 
the mark , and  
2. when the trademark is affixed to goods or t he packaging thereof in this country 
solely for export purposes.  
 
A use of a trademark by the hol der includes the use by someone else  with the holder ’s 
consent . 
 
The registration m ust not be revoked,  if the trade mark has been used during the interval 
between the expiry of the five -year period and the filing of the application for  revocation. 
Use that has  commenced  or been resum ed after the  expiry of the five -year period and within 
three months preceding the filing of the application for  revocation shall, however, be 
disregard ed, if the preparations for the commencement or resumption occurred  only after  
the holder  became aware of the fact th at the application for revocation might  be filed . (Act 
2018:1652).  
 Collective marks, guarantee marks  and certification marks  
 Article 3.  A registration of a collective , control or guarantee mark may  be revoked, on 
grounds mentioned in Article 1 or 2, and, in addition,  if 
 
1. the mark ha s been used in a manner incompatible with the conditions under 
which the mark may be used, and the holder has not taken reasonable steps to 
prevent that use , 
2. the conditions for the use of the mark have been altered and the holder has failed to notify the Patent and Registration Office pursuant to Chapter 2, Article 33, 
first Paragraph, or 
3. the conditions for the use of the mark have been altered and recorded in the Trademark Register in cont ravention of t his Act and the conditions are still 
incompatible with the Act.  (Act 2018:1652). 
 
Partial revocation  
 Article 4.  If a ground for revocation of a registration exist s only in respect of some of the 
goods or services for which a trademark has be en registered, the revocation of the 
registration shall apply only to those goods and services . 
 Procedure  
 Article 5.  A party  wishing  to in itiate a proce eding  to revoke a registratio n may  bring an 
action before a C ourt, or apply for r evocation  of the regi stration at  the Patent and 
Registration Office pursuant to Articles 6  to 21  (administrative revocation). Chapter 2, 
Article 29 , contains provisions laying down  that the registration of a tr ademark may  be 
revoked after a  party’s  opposition to the registrati on. 
 18 
 
Proceedings  to revoke a registration pursuant to Article 1, second P aragraph, Article 2, 3 or 
4, or to Chapter 2, Article 4, 5 or 7,  may be initiated also by a Public A uthority.  
 
The Government may , pursuant to Chapter 8, Article 7, of the Instrument of Government, 
issue regulations concerning which P ublic A uthority is competent to do that.  (Act 
2018:1652).  
 Administrative revocation  
 Content  of the application  
 Article 6.  An application for administrative revocation shall  contain  
 
1. information a bout th e parties , to the extent laid down in Chapter 33, Article 1,  of 
the Code of  Judicial Procedure , 
2. a claim  for revocation,  and an indication a bout the registration to which the 
claim relates , and  
3. an account  of the facts  invoked as a ground for  the claim  for r evocation . 
 The applicant shall pay the prescribed application fee . 
 The Government or the P ublic A uthority appointed by the Government issues more 
detailed regul ations concerning other content  the application.  
 
Deficiencies in the application  
 Article 7.  If the application is so defective it can not form the basis  for a processing of the 
matter , the Patent and Registration Office shall invite  the applicant to cure the deficiencies 
within a specified time . The same applies if the applicant has failed to pay the application fee.  
 If the applicant fails to  comply with  the invitation , the applicatio n shall be dismissed . The 
applicant shall be informed about this in the invitation . 
 
The application shall also be dismissed, if it aims at other measure s than the re vocation of a 
registration, or if any other obstacle to an examination of the matter  exists .  
 
Removal following withdrawal  
 Article 8.  If the applicant withdraws the application, the matter  shall be removed from the 
files. 
 
Unfounded application  
 Article 9.  If it can be assumed that the application is unfounded, it  shall be treated as if the 
holder  has opposed it. In such a case, Article 13 shall apply.  
 
 
 19 
 
Invitation to  the holder  to respond  
 
Article 10.  If the Patent and Registration Office admits the app lication  for examination,  the 
Office shall invite  the holder  of the registration  to respond within a specified  time from the 
serving of the appli cation on the holder . 
 In the invitation , the holder  shall be called upon to  
 
1. indicate whether the application  is admitted or contested  and, if it is contested, the 
ground for the contestation,  and 
2. provide  information about him self or herself as  indicated  in Chapter  33, Article 1, 
first to third P aragraphs , of the Code of Judicial Procedure, to the extent that the  
information in the application is  insufficient or incorrect.  
 The invitation shall contain i nformation that the matter  may be decided , even if the holder  
fails to respond. The Government or the P ublic A uthority appointed by  the Government 
issues more deta iled r egulations about any further content of the invitation . 
 Serving  of the invitation  
 Article 11.  The invitation  referred to in Article 10 shall be served upon the holder . The 
serving shall be  carried out in the way provided for in the Code of Judicial  Procedure fo r the 
serving of a summons in civil case s.  
 A copy of the application documents shall be attached to the invitation , when the 
documents contain something in addition to what is indicated in the invitation . 
 
If the applicant shall see to it th at the serving  is carried out , Chapter 32, Article 2, of the 
Code of Judicial Procedure applies.  
 
Article 12.  If th e Patent and Registration Office has not been able to serve the invitation , the 
Office shall consider whether the serving e fforts shall conti nue or the applicant be offered 
the opportunity to carry out t he serving him self. Consideration shall be given to the work 
and the costs that have so far been put into the serving, to the chances that further efforts will be successful , and to other circum stances. If the applicant does not accept the offer, t he 
application shall be dism issed. 
 
If the applicant shall see to it that the serving is carried out, Chapter 32, Article 2, of the 
Code of Judicial Procedure applies.  
 Transfer to a C ourt 
 Article 13.  If the holder in due time contests  the application, wholly or in part, the Patent 
and Registration Office shall inform the applicant accordingly. If the applicant w ishes  to 
maintain the  claim, he or she may  request that the matter  or, if the contest ation  concerns  
only a part of the claim,  the matter  in the contested part, be trans ferred to the C ourt. 
 20 
 
A request for transfer shall  be filed at  the Patent and Registration Office within one month 
from the date when the information concerning  the contest ation  was sent to the applicant. 
In the request , the applicant shall indicate the circumstances invoked as well as the evidence 
referred to and what shall be prove n by each  such evidence . The applicant shall at the same 
time file the written evidence and other documents referred to . 
 
If the applicant has  requested a transfer  in due time , the Patent and Registration Office shall 
trans fer the matter  to the C ourt. If the applicant has failed to request a transfer in due time , 
the contested parts of the matter  shall b e removed from the files . (Act 2016:228). 
 Article 14. A notification of a  holder ’s contest ation  pursuant to Article 13, first P aragraph , 
shall contain information concerning  
 
1. that the applicant may  request transfer to the C ourt, 
2. the deadline for the filing of such a request , 
3. the content  of such a request , and  
4. what else is laid down in Article 13.  (Act 2016:228)  
 Revocation of the registration  
 Article 15. If the holder  has failed to file a contest ation  in due time , the Patent and 
Registration Office shall revoke the registration in accordance with the application. If the holder  has contested only a part of the application, the Office shall  revoke the registration in 
the part not contested.  
 
Reopening  
 
Article 16.  The holder  of a registration which has been re voked pursuant to Article 15 may  
apply for reopening of the matter.  Such an application shall  be filed at  the Patent and 
Registration Office within one month from the date of the decision.  
 If the holder  has applied for re opening  in due time , the Patent and Registratio n Office shall 
transfer the matter  to the C ourt. Otherwise, the Office shall dismiss the application.  (Act 
2016:228).  
 Notifications  
 Article 17.  A notification of a revocation shall be sent to the applicant and to the holder . 
 If an applica tion for revocation is dismissed , the Patent and Registration Office shall notify 
the applicant about this  fact. If an application for reopening is dismissed, the Office s hall 
notify the holder  of this fact. If the Office makes any other decision constitut ing an 
adjudication of the matter , both the applicant and the holder  shall be notified about the 
decision, unless this is obviously unnecessary.  
  
 
 21 
 
Legal force  
 
Article 18.  When the time for applying for re opening of the matter  has expired, a decision of  
revocation  pursuant to Article 15 has  legal force in th e same way as a civil case judg ment 
which has acquired legal force.  
 Further  processing at  the C ourt 
 Article 19. I f a matter  has been transferred to the  Court, the  claim shall be dee med to have 
been f iled when the application for administrative revocation wa s filed at the Patent and 
Registration Office. The documents filed by the applicant shall be deemed to constitute  an 
application for a summons. A summons is  deemed to have been issued when the C ourt takes 
a decision on the processing of the case . (Act 2016:228). 
 Article 20.  Repealed by Act (2016:228).  
 Article 21 . If a matter has been transferred to the Court, the plaintiff shall pay  a prescribed 
supplementary fee. In such a case, the provisions in Chapter 42, Articles 3 and 4 in the Code 
of Judicial Procedure about  application fee apply to the supplementary fee.  
 If a case where the Patent and Registration Office has decided a  revocation is dismissed by 
the Court because the supplementary fee has n ot been paid, the Court shall at the same time 
set aside the decision by the Patent and Registration Office . Act (2016:228). 
 Removal of a registration  
 Article 22.  When a trademark registration has been revoked, wholly or in part, by the Patent 
and Regist ration Office  pursuant to Article 15 or by a C ourt, the registration shall, to the 
same extent, be removed from Trademark Register when the decision has acquired  legal 
force.   
The decision shall be announced.  (Act 2014:253).  
 Effect of a revocation  
 Artic le 23.  If a registration of a trademark has been revoked pursuant to Article 1, first 
Paragraph, the registration shall be deemed to never have had any legal effect.  
 
If the re gistration has been revoked pursuant to Article 1, second Paragraph, or Article 2  or 
3, the registration shall be deemed to have lost its effect from the date of the application for 
revocation. Upon a claim by a party, the Court or, in the case of an administrative 
revocation , the Patent and Registration Office  may decide that the reg istrat ion shall instead 
be deemed to have lost its effect on the date when the circumstance constituting the ground for the revocation came into existence.  (Act 2018:1652). 
  
 22 
 
CHAPTER  4. Registration as in the c ountry of origin and representatives  of forei gn 
applicants and holders  
 
Registration as in the country of origin  
 Article 1 . If the country of  origin of the applicant is a S tate party to the Pa ris Convention for 
the Protection of Industrial Property  of March 20, 1883, or a S tate or a T erritory party to the 
Agreement Establish ing the World Trade Organization, a trade mark which  is registered for 
the applicant in the country or origin shall be registered in Sweden as it is registered there, if no obstacle  exists pursuant to Article 2.  
 If the co untry of origin of the applicant is a S tate or a T erritory other than those indicated in 
the fi rst Paragraph, a trademark which  is registered for the applicant in the country of origin 
shall be registered in Sweden as it is registered there, if  
 
1. corresponding right s are granted  in re spect of a Swedish registration in that S tate 
or Territory,  
2. the legislation in force in th ere in its main  features corresponds to  the Paris 
Convention, and  
3. no obstacle pursuant to Article 2  exists . 
 An applicant request ing registratio n pursuant to this Artic le shall prove  that the trademark is 
registered for the applicant in the country of origin for the goods or services covered by the request . The same applies to renewal of a trademark registration which  has been registered 
pursuant to this Article.  
 
Article 2. A trade mark m ust not be register ed pursuant to Article 1, if it is completely 
devoid of any distinctive  character , or if  an obstacle to registration exists pursuant to 
Chapter 2 , Article 4, Article 5, second P aragraph, and Article s 6 to 11.  
 A trade mark registered pursuant to Article 1 , which under other circumstances would not 
have been eligible for registration in this count ry, does not enjoy  protection for a scope or 
for a time exceed ing that in the country of origin.  
 Represent ative s and s erving  
 Representative of  an applicant  for a trademark registration  
 Article 3.  The Patent and Re gistration Office may  invite an applicant , who has neither a 
domicile in Sweden nor an industrial or commercial activity established here, to appoi nt a 
representative  authorised to accept  servings in the  matter  and who has a domicile in this 
country, and to notify the Office of the a ppointment . 
 
If the applicant fails to comply  with the invitation , serving  may be carried out by sending the 
documents to the applicant by ordinary mail to his  last known address.  Servi ng is deemed to 
have been carried out when this has been done . The applicant shall in the invitation be 
informed about the consequences of non- compliance with the invitation . 
 23 
 
Representative  of the holder  of a trademark registration  
 
Article 4.  A holder of a trademark registration , who has neither a domicile nor a real and 
effective industrial or commercial activity establish ed in Sweden, shall have a representative 
with a domicile in this co untry.  
 The representativ e shall be authorised to accept, on behalf of the holder , servi ng of 
summons, invitations and other documents in cases and matters relating to the trademark, with the excepti on of  summons in criminal case s and invitations to appear  personally  before 
a Court . The r epresentative shall be notified to the Patent and Registration Office and 
recorded in the Trademark Register.  
 If the holder has fa iled to notify a representative, servi ng may instead be carried out through 
the sending of t he document which shall be served to the holder ’s address recorded in the 
Trademark Register.  If no complete address is recor ded in the Register, the serving may be 
carried out  by keeping the document available  at the Patent and Registration Office and 
announcing a notice of this  fact and of the main contents of the document.  Serving is 
deemed to have been carried out when this has been done . 
 
CHAPTER  5. International t rademark registration  
 What is meant by international trademark registration  
 Article 1.  An international trademark registration is a registration of a trademark which the 
International Bureau of the World Intellectual Property Organization ( the International 
Bureau) has  made in the International Register pursuant to the Protocol of June 27, 1989,  
relating  to the Madrid Agreement C oncern ing the I nternational R egistration of M arks of 
April 14, 1891.  
 The Patent and Registration Office is the P ublic A uthority in Sweden responsible for  matters 
relating to international trademark registration s. 
 
Application for international trademark registration 
 Who is entitled to apply for an international registration  
 Article 2.  A holder of , or an applicant for, a Swedish trademark registration and who is a 
Swedish national , has a domicile in Sweden  or has an  industrial or commercial activity 
establish ed here , may  apply for an international registration of the trademark.  
 Where the application is filed and its content  
 Article 3.  An application for an international trademark registration shall be directed to t he 
International Bureau but filed at  the Pa tent and Registration Office. The application  shall be 
drawn up in English and contain 
1. information about the name or trade name  and address of the applicant,  
2. information a bout the  name and address of any represen tative,  24 
 
3. information a bout the number and date of the Swedish registration,  or the 
application for registration,  on which the inter national application is based,  
4. a clear representation of the trademark,  
5. a clear list of the goods or services for which regist ration of the trademark is 
sought  and t he classes to which they b elong  (list of goods or services),  
6. an indication of the countries to which the  protection resulting from the 
international registration shall extend , and 
7. any additional information a bout the reproduction of the trademark, the 
applicant’s connection to Sweden, or other circumstances  which the application 
shall contain pursuant to regulations issued by the Government or the P ublic 
Authority appointed by the Government.  
 
The applicant shall pay t he prescribed application fee . 
 The Government or the P ublic A uthority appointed by the Government may , pursuant to 
Chapter 8, Article 7, of the Instrument of Government , issue more detailed regulations 
concerning the application procedure.  (Act 2018:1652) . 
 Processing of the application  
 Article 4.  The Patent and Registration Office shall verify whether the application fulfils the 
requirements pursuant to Article 3,  and whether  the element  in the application correspond 
to the elements in the  trademark regi stration held, or applied for, by the applicant in Sweden.  
 If the application fails to  fulfil the requirements referred to in the first P aragraph, the Patent 
and Registration Office shall invite  the applicant to cure the deficiencies within a specified 
time. The same applies if the applicant has failed to pay the application fee. If the applicant 
fails to comply with the invitation , the application shall be removed from the files. The 
applicant shall be informed about this in the invitation . 
 If the applic ation fulfils the requirements, the Patent and Registration Office shall send t o 
the International Burea u a certificate to that effect together  with the application.  
 
Article 5.  If the applicant withdraws the application before  the Patent and Registration 
Office  has sent the certificate and the application to the Int ernational Bureau, the matter  
shall be removed from the files.  
 Reinstatement of an application which  has been removed from the files  
 Article 6.  The Patent and Registration Office shall reinsta te an application which  has been 
removed from the  files pursuant to Article 4, second Paragraph, if the applicant within two 
months from the expiry of the prescribed time supplements  or amends the  application.  
 The applicant shall pay the prescribed reinst atemen t fee. 
  
 25 
 
Application for extension  of the protection resulting from  an international trade mark registration to 
additional countries  
 
Article 7.  The holder  of an international trademark registration based on a Swedish 
registration or application for registration may  apply for extension of the effect of the 
international trademark registration to additional  countries.  
 Application s pursuant to the first P aragr aph shall be filed at  the International Bureau.  
 If the applicant has a  domicile in Sweden, an application pursuant to the first P aragraph may  
instead be filed at  the Patent and Registration Office . 
 
Such an application shall be drawn up in  English.  The Government or the P ublic A uthority 
appointed by the Government issues more detailed regu lations concerning the content of 
the application.  
 Application for extension of the protection resulting from an international trade  mark 
registration to Sweden  
 
Examination of the application  
 Article 8.  If the Patent and Registration Office receives a notificat ion from the International 
Bureau t hat a party  has applied for extension of an international trademark registration to 
Sweden, the Of fice shall examine whether any obstacle  exist s to th at. 
 
Such an obstacle  exists, if an obstacle to a national registration  would have existed pursuant 
to Chapter 2, Articl es 4 to 11. 
 
If the Patent and Registration Office considers that an obstacle exists pursuant to the second 
Paragraph, the Office shall notif y the International Bureau that  the international trademark 
regist ration can not, wholly or in part, be extended to Sweden. Such a  notification  shall be 
sent within 18 months from the date of the notification referred to in the first P aragraph and 
contain the reasons why the protection res ulting from the registration can not be extended to 
Sweden . 
 
Decision that the  protection resulting from the  international trademark registration shall not extend to 
Sweden  
 
Article 9.  If the Patent and Registration Office has notified the Internati onal Bureau 
pursuant to Articl e 8, third P aragraph, the Office shall, no t earlier than three months a fter 
the notif ication , decide that the protection resulting from the international trademark 
registration shall not , wholly or in part, extend to Sweden , provided that  an obstacle  
pursuant  to Chapter 2, Articles 4 to 11 then still exists. 
  
 
 
 26 
 
Entry  of the trademark in to the Trademark Register  
 
Article 10.  If no obstacle referred to in Chapter 2, Articles 4 to 11, exists, the Patent and 
Registration Office shall enter  the trademark in the Trademark  Register and announce  that 
the international trademark registration has effect in  Sweden.  
 If the Patent and Registration Office has decided that the inter national trademark 
registration  does not , in part , have effect in Swe de, the trademark shall be ente red in the 
Trademark Register and announced for the remainder of the goods and services when the 
decision has acquired legal force.  
 Opposition  
 Article 11.  When the Patent and Registration Office has announced that the international 
trademark registration  has effect in  Sweden, an opposition may be filed against its effect 
here. The opposition shall be filed at  the Office within three months from the date of the 
announcement . If the opposition is not filed in due time, it shall be dismissed.  
The opposition shall contain information about  
 
1. the name , or trade name , and address of the opponent , 
2. the name and address of any representative,  
3. the international trademark registration to which the opposition relates, and  
4. information about the circumstances invoked as the ground for the opposition.  
 
The Government or the P ublic A uthority appointed by the Government may, pursuant to 
Chapter 8, Article 7, of the Instrument of Government , issue more detailed regulations 
concerning the opposition procedure.  (Act 2018:1652). 
 Article 12. If  the opposition is so defective it cannot be used as basis for an examination of 
the matter, the Patent and Registration Office shall invite  the o pponent  to cure the 
deficienci es within a specified time. If the invitation is not complied wi th, the opposition 
shall be dismissed. The opponent shall be i nformed about this in the invitation. 
 
Article 13. The Patent and Registration Office shall inform the holder of the international 
trademark about  the opposition and give him an  opportunity to f ile observations within a 
specified time.  
 
If the opposition is obviously unfounded, it shall be rejected immediately.  
 Article 14.  At the request of the holder of the international trademark registration and the 
opponent the Patent ang Registration Offic e shall establish  a period of not less than two 
months within which the parties shall try to find an agreement. The period may be extended 
if the part ies so request . (Act 2018:1652).  
 Article 1 5. If the opposition is withdrawn, the opposition proce eding  may nevertheless be 
completed, if special reasons  exist . The opposition proce eding  may, however, not be 
completed, if the only basis invoked for  the opposition are obstacles  referred to in Articles 8 
to 10. (Act 2018:1652).  27 
 
Article 1 6. If an opposition has been filed , the Patent and Registration Office shall, if any 
obstacles exist to the extension of the international trademark registration to Sweden 
pursuant to Chapter 2, Articles 4 to 11, decide that the protection shall not, wholly or in 
part, have effect  here.  This does, however, not apply if otherwise follows from article 17.  
 An opposi tion which is based, wholly or in part, on a n obstacle pursuant to Chapter 2, 
Articles 8 to 10,  shall to the same extent be  rejected,  if it has been filed by a party  that does 
not oppose in its own interest and the holder  of the registered trademark so requests.  
 A decision that the registration shall not ex tend to Sweden may  be based only on a 
circumstance communicated to the Internati onal Bureau within 18 months from the date of 
the notification referred to in Article 8, first P aragraph. If the time for opposition pursuant 
to Article 11 has expired after th is time limit, the decision may  nevertheless,  be based o n 
facts which have been communicated  to the International Bure au within one month from 
the expiry of the time l imit for opposition. This applies on condition that the  Patent and 
Registration Office within the time limit of 18 months has in formed the International 
Bureau  that a communication concerning  such a decision might be sent later.   
 
If the Patent and Registration Office , due to an opposition,  decides that the registration shall 
not, wholly or in part, have effect in  Sweden, the registration shall  to the same extent  be 
removed from the Tradem ark Register when t he decision has acquired legal force. The 
decision shall be announced.  (Act 2018:1652).  
 
Article 17.  If an opposition against the effect of the international trademark registration in 
Sweden is based on an obstacle consisting of a n earlier trademark pursua nt to Chapter 2, 
Article 8, and if, at the filing date, or, where appropriate , the priority date for the 
international trademark registration more than five years had lapsed after the issue  of the 
registration of the earlier trademark was finally decid ed, the following applies. It may be 
decided that the international registration shall not have effect here only if  the earlier 
trademark has been put to genuine use  for the goods or services constituting the basis for 
the opposition in the way indicated in Chapter 3, Article 2, or, if the earlier trademark is a 
European trademark, in the way indicated in Article 18 in the Regulation (EU) 2017/1001 of 
the European Parliament and the Council of 14 June 2017 on European Union Trademarks  
within the five latest yea rs before the filing date or the priority date for the international 
registra tion. 
 If the earlier trademark has not been used to the extent indicated in the first Paragraph, it 
may nevertheless be decided that the international registration shall have no effect here if 
there are proper reasons why the earlier trademark has not bee n used to that extent.  
 Effects of a decision that the effect of an international trade mark registration shall have effect in  Sweden  
 Article 1 8. A decision that an international trademark registration shall extend to Sweden 
has effect from the date wh ich the International Bureau has, in the notification referred t o in 
Article 8, first P aragraph , indicated for the  international trademark registration or for a  later 
request for exte nsion of the effect to Sweden.  
 28 
 
An international trademark registration with effect in Sweden  has the same effect  as a 
national trademark registration.  The provisions of  Chapter 4 shall, h owever, not apply.  
 
The provisions of Chapter 7 on pledging of an application for trademark registration shall 
apply also to  an application referred to in  Article 8, first P aragraph , for the extension of the 
effect of an international tradem ark registration to Sweden.  
A decision that the effect of an international trademar k registration shall extend to Sweden 
may be revoked pursuant to Chapter 3 . The provisions of Chapter 3 relating to registration 
of a trademark shall then , instead , apply to the decision that the effects of the international 
trademark registration shall ex tend to Sweden . (Act 2018:1652).  
 
Article 1 9. If an international trademark registration has been renewed, it  shall be recorded 
in the Trade mark Register and announced.  (Act 2018:1652).  
 
Replacement of a national trademark registration by  an international trademark 
registration  
 
Article 20. When someone holds both an international trademark registration w ith effect in 
Sweden and a Swedish registration of the same trademark, the international registration 
replaces  the Swedish r egistration, provided that the international trademark registration has 
effect in this country from a later point in time than the S wedish one and al l the goods and 
services covered by the Swedish registration are also covered by the international trademark 
registration . This does not i mply any  limitation of the rights that  may have be en acquired on 
the basis of the Swedish registration.  
 
At the request of the holder , the Patent and R egistration Office shall record that the 
international trademark registration replaces the Swedish one a nd announce this fact. (Act 
2018:1562).  
 
Consequence when an international tra demark registration ceases  to have effect  
 Article 21 . If an international trademark registration with effect in Sweden  ceases to have 
effect , wholly or in part, its effect in th is country ceases correspondingly. An entry about this 
shall be made in the Trademark Registry and be announced . (Act 2018:1562).  
   29 
 
Transformation of an international trademark registration in to a national trade mark 
registration  
 
Article 22 . If an intern ational trademark registration w ith effect in Sweden  ceases to have 
effect , wholly or in part, within five years from the date the International Bureau has 
indicated for the registration in the notification referred to in Art icle 8, first P aragraph , 
because  the original registration or the application for registration can no longer constitute 
the basis for an international trademark registration, and the holder  thereafter applies for 
registration of the same trademark in Sweden, this application is  deemed to  have been filed 
on the date the International Bureau has indicated for the international trade mark 
registration. This applies on condition that  
 
1. the application is filed within three months from the date when the international trademark registrati on cease d, and  
2. the goods or  services listed in the application were also covered by the effect in 
Sweden of the international trademark registration.  
 Information concerning the c easing of the effect of an  international trademark registration  
or the filing of an a pplication referred to in the first P aragraph shall be recorded in the 
Trademark Register and announced.  (Act 2018:1652). 
 Article 23 . If an international trade mark registration whose  effect extend s to Sweden  ceases 
to have effect because of a denunciation of the Protocol of June 27, 1989 , relating to the 
Madrid Agreement Concerning the International Registration of Marks of April 14, 1891, 
and the holder  thereafter applies for registration of the same trademark in Swede n, this 
application is deemed to have  been filed on the date which the International bureau has 
indicated for the international trademark registration. This applies on condition that  
 
1. the application is filed within two years from the date when the denunciation 
became effective, and  
2. the goods  and services listed in the application were covered by the effect in 
Sweden of  the international trademark registration.  
 Information about the ce asing of the effect  of an international trademark registration or  the 
filing of an application referred to in  the first P aragraph shall be recorded in the Trademark 
Register and announced.  (Act 2018:1652).  
 CHAPTER  6. Transfer  and licens e 
 Transfer  
 General about transfer  
 Article 1. A t rade symbol referred to in Chapter 1, Article s 6 and 7 , may be transfe rred 
wholly or in part. The transfer may be made separately or together with the transfer of the 
business activity where  the symbol is used.  
 30 
 
If a business activity is transferred , a trade symbol referred to t he first P aragrap h and 
belong ing to the business activ ity is included in the transfer, unless otherwise agreed.  
 
The provisions in the first and second Paragraphs  on trade symbols apply also to an 
application for registration of a trademark . (Act 2018:1652).  
 
Recording of a transfer  
 Article 2.  A transfer of  a registered trademark shall , upon request , be recorded in the 
Trademark Register and announced. A r ecording and an announcement shall also be made 
upon request by a party  that, through a judg ment which  has acquired legal force , has been 
obtained a declara tion that he or she holds  a better right to  a registered trademark.  
 
A transfer of an application for registratio n of a trademark shall, upon request, be recorded 
in the Diary of the Patent and Registration Office.  
A party requesting a recording pursuant t o the first or  second P aragraph s shall pay the 
prescribed fee.  (Act 2018:1652). 
 
Effect of a recording of a holder or an applicant  
 Article 3.  In case s or matter s relating to a national r egistered trademark, the party recorded 
as the holder in the Trademar k Register is  deemed to be the holder  of the trademark.  In a 
case or a matter relating to a trademark which is the subject of a national application for 
registration, the party recorded in the Diary of the Patent and Trademark Office is deemed 
to be the applicant of  the trademark.  
 In case s or matter s concerning an international ly registered trademark, the party recorded as 
holder in the International R egister  is deemed to be the holder of the trademark . (Act 
2018:1652).  
 Licens e 
 General about l icense  
 Article 4.  The holder  of a trade symbol re ferred to in  Chapter 1, Article s 6 and 7 , may grant 
another party a right to use the symbol (licens e) for a part  of, or all , the goods and serv ices 
for which it is registered or established on the market  and for a pa rt or the entirety of the 
country.  The licens e may  be exclusive or non- exclusi ve. A licensee may not sub- licens e its 
right without consent from the holder of the symbol . 
 The holder of the trade symbol may  invoke the rights included in the exclusive rights  against  
a licensee who infringes a term or a condition of the licens e agreement concerning  
 
1. the term of the license , 
2. the form in which the symbol may  be used,  
3. the nature of the goods or services for which the license is issued,  
4. the geographical territory within which t he symbol may  be used, or  
5. the quality of the goods produced or services provided by the licensee.  31 
 
Recording of a l icense 
 
Article 5.  A licens e relating to a registered trade mark shall, upon r equest, be recorded in the 
Trademark Register and a nnounced. A licens e relating to a trade mark referred to in an 
application for registration shall, upon request, be recorded in the D iary of  the Patent and 
Registration Office.  A party requesting the recording of a licen se shall pay the prescribed fee.  
 
If it is established  that the license has ceased to apply , the recording shall be removed . A 
decision to remove a recording from the Register shall be announced.  
 
CHAPTER  7. Pledging of a registered t rademark  
Coming into being of a pledge  
 
Article 1.  A regis tered trademark or an application for registration of a trademark may  be 
pledged pursuant to this Chapter.  
 
Article 2.  A right of pledge i n a registered trade mark or  in an application for registration of a 
trademark comes into being th rough the re gistratio n of a written contract of  pledg e of the 
property.  The r egistration is made in the Trade mark Register or, if the contract relates to  an 
application for registration of a trademark, in the Diary of the Patent and Registration Office. A party applying for a re cording shall pay the prescribed fee.  
 If a registered pledge has  been transferred  to another party , this shall, upon request, be 
recorded in the Trademark Register, if it concerns  a registered trademark, or , if it concerns 
an application for registration of a trademark, in the Diary of the Patent and Registration 
Office . The party requesting a recording shall pay the prescribed fee.  
 
Preference in c ase of multiple  grants of p ledge  
 Article 3. If a pledge has  been g ranted  separately to more than one party , preference shall, 
unless otherwise agreed, be given to the  gran t in respect of which the application for 
registration  was first filed  at the Patent and R egistration Office .  
 If more than one application for re cording of a grant is  filed on the same day , the grants are 
between  themselves given preference following the chronological  order of their taking place , 
unless otherwise agreed. If the grants are simultaneous,  or if the  chronological order of their  
taking place  cannot be established, they convey  the same right s. 
 
Who is e ntitled to a pply for registration  
 Article 4.  An application for re gistration pursuant to Article 2 may  be filed by the holder of 
the trade mark or of the application for registration of the trademark , or by the pledgee . The 
applicant  shall prove  the pledger’s right to  the trade mark or the application for registration . 
 For the application of the f irst P aragraph, the party recorded in the Trademark Register as 
the holder  of a registered trademark is  deemed to be entitled to the mark, u nless the matter 
discloses  otherwise . If the application for registration concerns the pledge of an application 
for registration of a trademark, the party recorded in the Diary of the Patent and Registration 32 
 
Office is  deemed to be entitled to the applicati on for registration of a trademark, unless the 
matter discloses otherwise.  
 
Obstacle because of t he pledger´s lack ing entitlement  
 Article 5.  An application for re cording pursuant to Article 2 m ust not be approved, if the 
pledger is, at the time of registration, not entitled to dispose of  the pledged property 
pursuant to attachment , bankruptcy , impounding , provisional attachment or any other cause.  
 When the grant  of a p ledge  is liable to r ecording  
 Article 6.  A contract of pledge may  be re gistered when t he trademark is registered or, if the 
contract relates to an application for registration of a trademark , when the application is  
recorded in the Diary of the Patent and Registration Office.  
 If a pledged application for registra tion of a trademark leads t o registration of the trademark, 
the registered trademark  then becomes the pledged property . 
 
Invalid c ontracts of pledge  
 Article 7.  Even if  a right of pledge is  recorded, the pledge  applies to the pledged property 
only if the contract of pledge has been concluded by the  rightful holder  of the property and 
is entitled  to dispose of it , and also provided the contract is not invalid for any other reason.  
 Lapse of the right of pledge  
 Article 8.  The right of pledge lapse s, if the application for registration of a trademark  has 
been transferred to a third party, or if the right s in the trademark or the application for 
registration of the trademark shall, pursuant to the provisions of this Act, no longer apply.  
 Removal of a recording   
 Article 9.  The registrat ion of a right of pledge shall be removed, if the right of pledge  has, 
through a judgment which has acquired legal force, been declared invalid, or if the right of pledge has  lapsed or has otherwise ceased to apply.  
 Pledge d property being subject  of 
right s in rem  
 Article 10.  The pledge applies from the time of the application for re gistration pursuant to 
Article 2 in relation to any  party that  subsequently acquire s ownership or any other right  to 
the property.  
 A license  agreement applies in relation to t he pledgee, if the agreement is concluded prior to 
the application for registration of the contract of pledge.  
 
Article 11.  Provisions in othe r laws on  the right  of pledge  in movable property not requiring 
registration apply,  in a case of attachment or bankruptcy , also to a right of pledge in a 
registered trade mark or in an application for registration of a trademark.  The filing at  the 33 
 
Patent and Registration Office of an a pplication for registration pursuant to Article 2 entail s 
the same legal effects as t he pledgee ’s taking of possession of movable property.   
 
If the rig ht in a  pledged trademark or a  pledged application for registration of a trademark is  
sold following  attachment  or bankruptcy, licens e agreements pursuant to Article 10, second 
Paragraph s till apply . 
 Sale of the p ledged p roperty  
 Article 12.  The pledgee may  sell the pledged property and col lect the de bt from the 
purchase  sum only if the pledgee has previously informed the debtor and other known 
holders of property right s about the sale  and these parties had reasonable time to look after 
their rights.  
 
License agreements referred to in Article 10, second Paragraph , still apply  after a sale 
referred to in the first P aragraph.  
 
Chapter 8. Criminal Liability, Injunctions with a  Penalty of a Fin e, Damages, etc.  
 Criminal liability  
 
Article 1 . Anyone who infringes the right in a trade symbol (trademark infringement),  if the 
act is committed intentionally  or by  gross negligence,  is punishable for  trademark violation  
with a fine  or imprisonment for  up to two years.  
 
If the violation was committed intentionally and is considered serious , the person is 
punishable  for serious  trademark violation with  imprisonment for a  minimum of  six months 
up to a maximum of  six years. When assessing whether the viol ation is serious , particular 
consideration has to be  given to whether the act concerned  
 
1. has been preceded by particular  planning,  
2. was part of criminal activities conducted in an organised form,  
3. was conducted on a large scale, or  
4. was otherwise of a partic ularly dangerous nature.  
 
The first and second P aragraphs do not apply in the event of an infringement of the right in 
a trade symbol referred to in Chapter 1, Article 10, third Paragraph.   
Anyone who has violated a n injunction issued with a penalty of a fine pursuant to Article 3, 
must not be held liable for infringement s covered by the injunction.  
 
Responsibility is assigned under Chapter 23 o f the Criminal Code for attempting to commit 
or preparation of t rademark violation or serious  trademark violation . 
 
The prosecutor may initiate  a prosecution for violations only if the prosecution is motivated 
for being in the public interest.  (Act 2020:545).  
 
 34 
 
Forfeiture of property and of implements used for  a violation  
 
Article 2.  Property in respect of which a v iolation under Article 1 exists shall be forfeited, if 
this is not obviously unreasonable. Instead of the property itself, its value may be declared forfeited. Also profits from such a violation shall be declared forfeited, if this not obviously 
unreasonable. The same applies to what som eone has received as compensation for costs 
related to such a violation, or the value of what has been received, if the act of receiving constitutes a violation pursuant to Article  1. 
 Property used as an implement for a vio lation under Article 1 may be de clared forfeited, if  
this is ne cessary  for the prevent ion of violations or if  there are otherwise special reasons. 
The same applies to property intended for use as an implement for a violation under 
Article  1, where the violation has been completed , or has constituted a punishable attempt or 
a punishable preparation. Instead of the property itself, its value may be forfeited.  
 
Injunction with a penalty of a fine.  
 Article 3.  Upon a claim  by a party holding  a trade symbol unde r to Chapter 1, Articles 6 to 
8, or by a party that, pursuant to a license, has the right to exploit a trade symbol, the Court may issue an injunction with a  penalty of a fine, prohibiting the  party that commits, or 
contributes to, a trademark violation t o continue that act.  
 
If the plaintiff shows a probable cause that an act implying a trademark infringement, or a 
contribution to an infringement, is taking place and if it can reasonably be expected that the 
defendant, through the continuation of that act , or the contribution thereto, diminishes the 
value of the exclusive right in the trade symbol, the Court may issue  an injunction with a  
penalty of a fine, for the time until the case has been finally adjudicated or otherwise is 
decided. B efore the injunct ion is issued , the defendant shall be given an opportunity to 
respond, unless a delay would entail a risk for damage.  
 
The provisions under the first and second Paragraphs apply also to acts constituting 
attempts, or preparations, in respect of infringements.  
 An injunction referred to in the second Paragraph may be issued only if the plaintiff deposits 
a security at  the Court for the damage that may be caused to the defendant. If the plaintiff is 
not capable of deposi ting such a security, the Court may liberate him or her from making 
such a deposit. In respect of the type of security, the provisions of Chapter 2, Article 25, of 
the Enforcement Code shall apply. The security shall be examined by the Court unless the 
defendant has approved it.  
 When the case is adjudicated, the Court shall decide whether an injunction issued under the 
second Paragraph shall continue to apply.  
 In respect of appeals  against decisions under the first or fourth Paragraph and in respect of 
proceedings in higher Courts, the provisi ons concerning appeals of decisions in the Chapter 
15 of Code of Judicial Procedure apply.  
 35 
 
A claim  for the imposition of a fine may be filed by the party that requested the injunction.  
(Act 2016:228).  
 
Damages  
 Article 4. Anyone who wilfully or by  neglige nce commits a trademark infringement, shall pay 
a reasonable compensation for the exploitation of the trade symbol and compensation for the further damage caused by the infringement . When the amount of the compensation for the 
further damage is decided, sp ecial consideration shall be given to  
 
1. lost profit,  
2. profit made by the party committ ing the infringement,  
3. damage caused to the reputation of the trade symbol,  
4. moral damage, and  
5. the interest of the right -holder in that infringements are not committed.  
 
Anyone who without intent or negligence commits a trademark infringement shall pay a 
compensation for the exploitation of the trade symbol if and to the extent reasonable.  
 Limitation of criminal liability and liability for damages in certain cases  
 Article 5.  If a claim  related to a trademark infringement is based upon a registration under 
this Act, Articles 1 and 2 shall not apply for the time before the registration date. Nor shall Article 4, in these cases , apply for the time before the registration date if  the infringement 
has not been committed wilfully.  
 
Statutory limitation relating to the right to compensation for damages  
 Artic le 6. The right to compensation for damages shall be statute -barred, if an action has 
not been brought  within five years from t he time when the damage was caused. The right to 
compensation for an infringement of a trademark protected solely pursuant to a r egistration, 
shall, however, in no case become statute -barred earlier than one year from the registration 
date. 
 Measures relat ing to property and implements  
 Article 7. Upon a claim  by a party suffer ing a trademark infringement, the Court may, in so far 
as is reasonable, decide that property on which a trade symbol appears without authorization shall be recalled from the channels  of commerce, be altered or destroyed or some other measure be 
taken in respect of it. The same applies to implements that have been, or have been intended to be, used for the infringement.  
 Property referred to in the first Paragraph may be seized if it c an reasonably be assumed that an 
offence pursuant to Article 1  has been comm itted. In respect of such seizures, the provisions on 
seizure in criminal cases in general shall apply.  
 The provisions in the first and second Paragraphs apply also to acts consti tuting attempts, and to 
preparatory acts, relating to infringements.  36 
 
A decis ion on a measure under the first Paragraph must not imply that the part y suffer ing a 
trademark infringement shall to pay a compensation to the party against which the measure is 
directed.  
 
Any measures pursuant to the first Paragraph shall be defrayed  by the defendant where there are 
no specific reasons against it.  
 
A decision referred to in this Article shall not be rendered, if forfeiture or a measure for the 
prevention of wrongful acts sh all be decided pursuant to Article 2 or the Criminal Code.  
 Dissemination of information about judgments in cases relating to trademark 
infringements  
 
Article 8. Upon  a claim  by the plaintiff, the Court may, in trademark infringement cases, order 
the party having committed, or contributed to, the infringement to defray  appropriate 
measures to dissemi nate information about the judg ment in the case.  
 The provisions in the first Paragraph apply also to acts constituting attempts, and preparatory 
acts, relating to an infringement.  
 Chapter 9. Orders to Provide Information and Infringement Investigations  
 Orders to provide information  
 Basic provisions  
 Article 1. If an applicant sh ows a probable cause that someone has committed a trademark 
infringement,  the Court may order, on penalty of a fine, that one or several of the parties 
referred to in the second Paragraph shall provide information to the applicant concerning the 
origin and distribution networks of  the goods or services in respect of which the i nfringement 
has been committed (order to provide information).  Such an order may be issued  upon a claim  by 
the holder of the trade symbol pursuant to Chapter 1, Articles 6 to 8, or by a party that, under 
a license, has the right to exploit it. It may be is sued only if the information can be assumed 
to facilitate the inquiry into an infringement relating to the goods or service s. 
 
The obligation to provide information relates to any party that  
 
1. has committed, or contributed to, the infringement,  
2. has on a co mmercial scale been exploiting the goods that the infringement 
concerns,  
3. has on a commercial scale bee n exploiting the service that the infringement 
concerns,  
4. has on a commercial scale made available an electronic communication service or 
another service  that has been used in the context of the infringement, or  
5. has been identified by a party referred to i n items 2 to 4 as being involved in the 
production or distribution of the goods, or the making available of the service, 
that the infringement concerns.  
 37 
 
The information on the origin or distribution network of a goods or service may, especially , 
include  
 
1. the names and addresses of producers, distributors, suppliers and others who have 
previously held the goods or made available the services,  
2. the names and  addresses of intended wholesalers and retailers, and  
3. information about  how much has been produced, delivered, received or ordered 
and the price obtained for  the goods or services.  
 
The provisions in the first to third Paragraphs apply also to acts constit uting attempts, and to 
preparatory acts, relating to infringements.  
 
Article  2. An order to provide information may be issued  only if the reasons speaking in 
favour of the measure outweigh the inconvenience or other harm that the measure would cause to th e party against which it is directed or to any other opposite interest.  
 The obligation to provide information under Article 1 does not include information the 
revelation of which wo uld disclose that the provider of the information or any person closely 
related to him or her as referred to in Chapter 36, Article 3, of the Code of Judicial Procedure 
has committed a criminal offence.  
 The Regulation (EU) 2016/679 of the European Parliam ent and of the Council of 27 April 
2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data 
Protection Regulation) contains provisions limi ting the use can be made of personal data 
received ( Act 2018:287). 
 
Proces sing of matters relating to orders to provide information  
 Article 3. If the application for an order to provide information is directed against the 
applicant´s opposing party in a case relat ing to an infringement, the provisions on court 
procedures for that case apply. A d ecision on an order to provide information may be appealed 
separately.  
 
If the petition for an order to provide information is directed against a party other than the 
one referred to in the first Paragraph, the provisions in the Act (199 6:242) on Court Matters 
shall apply . The Court may decide that each party shall bear its own litigation costs.  
 An action for the imposition of a fine may be brought by the party that applied for the order . 
(Act 2016:228).  
 
Right to compensation and notifi cation obligations  
 Article 4. Anyone who under  Article 1, second Paragraph, items 2 to 5, has been ordered to 
provide information under  the first Paragraph of the same Article, has a right to a reasonable 
compensation for the costs and inconvenience cause d. The compensation shall be paid by the 
party that applied for the order to provide information.   38 
 
Anyone who makes available an elect ronic information service and who has, pursuant to an 
order to provide information, delivered information referred to in C hapter 6, Article 20, of 
the Act (2003:389) on Electronic Communication, shall send a written notification c oncerning  
this fact to the party whom the information concerns not earlier than one month and not later 
than three months from the delivery of the i nformation. Costs for the notification shall be 
compensated in accordance with the first Paragraph.  
 
Infringement investigation  
 Basic provisions  
 Article 5. If it can reasonably be assumed that someone has committed, or contributed to, a  
trademark  infring ement, the Court may, for the preserv ation of evidence relating to the 
infringement, order that an investigation be undertaken in respect of that party to search for 
objects or documents that may be assumed to be import ant for the inquiry into an infringem ent 
(infringement investigation). Such an orde r may be issued  upon a claim  by the holder of the trade 
symbol under  Chapter 1, Articles 6 to 8, or by the party which, under  a license, has the right to 
exploit it. If legal proceedings have not been initiated , the claim  shall be submitted in writing.  
 
An order for an infringement investigation may be issued  only if the reasons speaking in favour 
of the measure outweigh the inconvenience or other harm that the measure would cause to the party against which it is directed or to any other opposite interest.  
 The provisions in the first and second Paragraphs apply also to acts constituting attempts, and to 
preparatory acts, relating to an infringement.  
 Processing of matters relating to an infringement investigat ion 
 Article 6.  Before an order for an infring ement investigation is issued , the opposite party shall be 
given an opportunity to respond. If  a delay would entail a risk that objects or documents of 
importance for the inquiry into the infringement would be removed, destroyed or distorted, the 
Court may, however, immediately issue an order to be valid until otherwise decided.  
 In other respects,  any issue relating to an infringement investigation which arises before legal 
proceedings have been initiated shall  be processed in the same way as if the issue had arisen during 
legal proceedings.  (Act 2016:228).  
 Posting of a security, and appeals again st decisions  
 Article 7. An order for an infringement investigation may be issued  only if  the applicant posts a 
security at the Court for the damage which may be caused to the opposite party. If  the applicant 
is not able to post a security, the Court may l iberate the applicant from it. In respect of the type 
of security, the provisions of Chapter 2, Article 25, of the E nforcement Code shall apply. The 
security shall be examined by the Court unless the opposite party has approved it.  
 In respect of a ppeals a gainst the decision by the Court relating to an infringement investigation 
and in respect of the proceedings in high er Courts, the provisions concerning appeal against 
decisions prescribed in Chapter 15 of the Code of Judicial Procedure apply.  39 
 
The decision  on an infringement investigation  
 
Article 8. An order for an infringement investigation shall contain information a bout 
 
1. the purpose of the investigation,  
2. the objects and documents that may be searched for, and  
3. which premises may be searched.  
 If necessary, the Court shall decide on other conditions for the execution of the order.  
 Execution of an order for an infringe ment investigation.  
 Article 9.  An order for an infringement investigation is immediately enforceable. If an application 
for its ex ecution has not been filed within one month from the order, the order becomes invalid.  
 
Article 10. An order for an infringem ent investigation is executed through the Enforcement 
Authority in accordance with the conditions prescribed by the Court and in applying Chapters 1 to 3, Chapter 17, Articles 1 to 5, and Chapter 18, of the Enforcement Code. The applicant´s 
opposite party shall be informed about the execution only if the order for an infringement 
investigation has been issued after hearing the opposit e party. The Authority has the right to take 
photographs and to make video and sound recordings of such objects for which it is authorised 
to search. The Authority also has the right to make copies of, and extracts from, such documents for which it is authorised to search.  
 An infringement investigation must not concern written documents referred to in Chapter 27, 
Article 2 , of the Code of Judicial Procedure.  
 
Legal assistance and right to attend the infringement investigation  
 Article 11.  The opposite part y has the right to summon an attorney when an order for an 
infringement investigation shall be executed. The execution must n ot begin before the attorney 
has arrived.  This does, however, not apply if  
 
1. the investigation is thereby unnecessarily delayed, or  
2. there is otherwise a risk that the purpose of the measure will not be achieved.  
 
During the execution the Enforcement Author ity is authorised to engage, if necessary, the 
services of an expert.  
 
The Authority may permit the applicant or a representative of the applicant to attend the 
investigation in order to provide information. If such a permission is granted, the Authority s hall 
see to it that the applicant or the representative is not informed about the findings at the investigation mor e than can be justified by the execution.  
 Invalidation of a measure taken at an infringement investigation  
 Article 12.  If the applicant doe s not, within one month from the conclusion of the execution, file 
an action or in some other manner initiates a proceeding relating to the issue, any measure which 40 
 
has been undertaken in the context of the execution shall immediately be  invalidated to the  extent 
possible. The same applies if an order for an infringement investigation is invalidated after the 
execution has been concluded.  
 Processing of material from the infringement investigation  
 Article 13.  The Enforcement Authority sh all list photograph s and video and sound recordings 
of objects as well as copies of, and extracts from, documents from the Infringement investigation. The material shall be held available for the applicant and the opposite party.  
 Chapter 10. Other Provisi ons 
 Certain provis ions on the judicial process  
 Competent Court  
 Article 1.  The Patent and Market Court is the competent court in  
 
1. cases and matters pursuant to this A ct unless they shall be dealt with under the Act 
(1974:371) on the  Judicial Process in L abour Disputes,  and 
2.  cases referred to in Article 124 in the Regulation (EU) 2017/1001 of the European 
Parliament and of the Council of 14 June 2017 on European Union Trademarks.  
 
The provisions in the Code of Judicial Procedure relating to limi tation of the competence of a 
Court in disputes that shall be initiated otherwise than before a Court shall not apply in respect 
of claims for an order to provide information or for an infringement investigation.  (Act 
2018:1652)  
 
Special requirements for bringing an action before a Court 
 Article 2.  A licensee may bring an action for trademark infringement only with the consent of 
the holder of the trade symbol . Even without such consent the holder of an exclusive license is 
entitled to bring an action for tr ademark infringement if the holder of the trade symbol does not 
himself bring such an action within a reasonable period from the point in time when the licensee 
informed the holder that the licensee intends to bring an action. This Paragraph shall also apply 
to actions for a declarat ory judgement in respect of a trade symbol.  
 If the holder of the trade symbol brings an action for trademark infringement, a licensee is always 
entitled to bring an action for compensation under C hapter 8, Article 4.  
 The first Paragraph does not apply if  otherwise is agreed . (Act 2018:1652)  
 Article 3.  A party having the right to exploit a trade symbol referred to in Chapter 1, Article 2, 
may bring an action for trademark infringement only with the consent of the holder of the trade 
symbol . This shall app ly also to actions for a declaratory judgment  in respect of a trade symbol.  
 The holder of the trade symbol has a right to compensation pursuant to Chapter 8, Article 4, for 
infringement of the right held by  a user. A user may, however, brin g an action for  compensation 41 
 
on his or her own account if the holder of the trade symbol gives his or her consent or if the 
holder brings an action for trademark infringement which does not include a claim for 
compensation under Chapter 8, Article 4 , for infringement of the right of the user.  
 The first Paragraph does not apply if otherwise has been agreed.  (Act 2018:1652). 
 Article 4.  A pledgee is entitled to bring an action for trademark infringement due to an 
infringement of the pledged property only if the holder of t he registered trademark has been 
notified about it. A notification shall be given also when a pledgee wants to bring  an action for a 
declaratory judgment relating to a registered trademark.  
 
The first Paragraph does not appl y if otherwise has been agreed . (Act 2018:1652). 
 Invalidity o bjection  
 Article 5 . If an action is brought for infringement of a registered trademark and the party against 
which the action is directed asserts  that the registration is not valid, the issue of invalidity may be 
considered only after an action for revocation has been broug ht. The Court may invite the party 
asserting the invalidity of the registration to bring such an action within a specified  time. However, 
also with out such an action being brought, the issue of invalidity m ay be considered in a criminal 
case and in a case referred to in Article 6.  
 
The first Paragraph shall apply also if, in a case concerning an action for a declaratory judgment 
in respect of a registered trademark, it is claimed that the registration is invalid. (Act 2018:1652)  
 
Specific requirements for approval of an action relating to an infringement  
 
Article 6. If an action is brought relating to an infringement of a registered trademark and if, at 
the time when the action was brought, more than five ye ars had lapsed  after the  issue of 
registration of the trademark was finally decided, the following applies. The action may be 
approved only if the trademark, within the latest five years before the action was brought, was put to genuine  use in the way indicated  to in Chapter 3, A rticle 2, for the goods or services 
constituting the basis for the action.  
 
If an action pursuant to the first Paragraph  relates to an infringement involving the use of a 
trademark registered later and if, on the filing date or, as appropriate, on the priority date , for the 
later trademark more than five years had lapsed after the issue of the registration of the earlier 
trademark was finally decided, the earlier trademark shall furthermore have been put to genuine use within the lat est five years before the filing date or the priority date.  
 If the earlier trademark has not been used to the extent stipulated in the first and second 
Paragraph s, the action may nevertheless be approved, if there are proper reasons for the failure 
to use to that extent.  
 
The first to third Paragraphs shall apply also if an action is brought for a declaratory judgment on 
whether a certain activity  constitutes an infringement of a registered trademark.  (Act 2018:1652).  
 42 
 
Article 7.  An action relating to a tr ademark infringement involving the use of a later European 
Union trademark may be approved only if a basis exists for the invalidation of the Eur opean 
Union trademark pursuant to Articles 60.1, 60.3, 60.4, 61.1, 6 1.2 or 64. 2 of the Regulation (EU) 
2017/1001 of the European Parliament and of the Council.  
 
The first Paragraph shall apply also if an action is brought for a declaratory judgment whether a 
certain activity  constitutes an infringement of a trade symbol.  (Act 2018: 1652).  
 
Prohibition against adjudication of sanctions , etc.  
 Article 8. If the registration of a trademark has  been revoked  pursuant to Chapter 3, Article 1, 
first Paragraph, the Court may not adjudicate  a sanction under  Chapter 8, Article 1 , or decide on 
compensation or another measure under Chapters 8 or 9.  If a registratio n has been revoked 
pursuant to Chapter 3, Article 1, second Paragraph, or Article 2  or 3, the Court must not 
adjudicate a sanction pursuant to Chapter 8, Article 1.  (Act 2018:1652) . 
 Processing of personal data  
 Articl e 9. In addition to what follows from Chapter 3, Articles 8 and 9, of the Act (2018: 218) on 
Additional Provisions relating to the European Union Data Protection Regulation, personal data 
on violations of law constituting offences under Chapter 8, Article 1 , may be processed if this is 
necessary in order for a legal claim to be established, asserted or defended.  (Act 2018:1652).  
 
Special provisions on E uropean Union trademarks  
 
Article 10.  Prescribed fees shall be paid by parties that  
 
1. request transformation  of a European Union trademark or an application for registration 
of a European Union trademark into an application for a national registration of a trademark, or  
2. request  a certificate p ursuant to Article 120.3 of Regulation (EU) 2017/1001 of the 
European Parliament and of the Council i n its original version. (Act 2018:1652). 
 Article 11.  In respect of an infringement of a E uropean Union trademark the provisions in 
Chapter 8, Article 1, on liability for trademark infringements  apply . In other respects, Arti cle 9, 
Chapter 8, Articles 2 to 8, and Chapter 9, apply to the extent that not otherwise follows from the 
Regulation (EU)2017/1001 of the European Parliament and the Council in its original version. In those  cases, what is said there about trademark infrin gements applies to infringement s of a 
European Union trademark.  
 
The provisions of Chapter 8, Articles 1 and 2, however , do not apply to infringement of a 
European Union trademark in a transit situation referred to in Article 9.4 of the Regulation (EU) 
2017/1001 of the European Parl iament and of the Council, in its original version . (Act 
2018:1652).  
 
 
 
 43 
 
Prohibition against attachment and sale of trademarks established on the market  
 
Article 12.  The right to a trade symbol under Chapter 1, Article 7 , must no t be subject to 
attachment and sale. If the holder is declared  bankrupt, the right does, however, form part of the 
bankruptcy estate.  (Act 2018:1652).  
 Appeal s  
 Article 13. A final decision by the Patent and Registration Office under this Act may be 
appea led to the Patent and Market Court within two months from the date of the decision.  
 
A final decision in a matter relating to the registration of a trademark may be appealed only by 
the applicant. The same applies to a final decision in a matter relating t o whether an 
international trademark registration shall have effect  in Sweden. A fina l decision relating to an 
objection against a registration may be appealed only by the holder of the trademark and by the 
opponent. A final decision relating to an objecti on against the effect  of an international 
trademark registration in Sweden may be app ealed only by the holder of the international 
trademark registration and by the opponent.  
 This Article does not apply to decisions in matters concerning administrative revocation of a 
registration.  (Act 2018:1652).  
 
Article 14.  A decision under Chapter 3, Article 15 , on an administrative revocation  of the 
registration of a trademark must not be appealed. The same applies to the transfer to a Court or removal from the files  under Chapter 3, Article 13, third Paragraph. Other deci sions in matters 
relating to administrative revocation  may be appealed to the Patent and Market Court within 
three weeks from the date of the decision. Decisions taken during the processing of such a  
matter must not be appealed separately . (Act 2018:1652)  
 
Announcement s 
 Article 15.  Announcement s pursuant to this Act shall be made in a special publication issued by 
the Patent and Registration Office.  
 
The Government or the Public Authority appointed by the Government may, pursuant to 
Chapter 8, Article 7, o f the Instrument of Government, issue more detailed provisions on 
announcements under this Act.  (Act 2018: 1652).  
 
Authorization  
 Article 16.  The Government may issue provisions relating to fees in matters under this  
Act. (Act 2018:1652).  
 
 
In respect of the amendments under Act (2018: 1652) the following applies:  
 1. Th is Act enters into force on January 1, 2019 . 44 
 
2. The Act appl ies also to tr ade symbols which are established on the market, trademar ks 
which are registered, and applications for registrations which have been made before the 
entry into force, unless otherwise follows from items 3 -6. 
3. The provisions of C hapter 2, Article 1 a do not apply to trademarks which have been 
registered or trad emark registrations applied for before the entry into force.  
4. The provisions previously in force still apply in respect of  
a) the duration of the registration for trademark s which have been regist ered or    
trademark registrations which have been applied  for before the entry into force , and  
b) measures taken or rights acquired prior to the entry into force . 
5. A guarantee or control mark which has been registered before the entry into force must 
not be revoked because of the new requirement in Chapter 1, Article 2, second Paragraph, 
that the holder must not make available goods or services of the kind to which the mark 
relates.  
6. A trademark which has been registered prior to the entry into force o f this Act  
cannot be revoked because of a violation of the  extended obstacle to registration in Chapter 
2, Article 4 . 
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