SE023: Marks (Regulation), Regulation (Amendment), 07/12/1995, No. 1279
REGULATION AMENDING THE TRADEMARK
REGULATION AMENDING THE TRADEMARK
REGULATION (1960:648)
(Swedish Statute Book 1995:1279, of December 7, 1995).
The Government prescribes, as regards the Trademark Regulation (1960:648),
that Articles 6, 7, 15 and 24 shall read as follows,
that in the Regulation shall be inserted three new Sections, numbered 27 to 29, and, immediately before Section 27, a new heading, reading as follows.
Section 6. Any entry of an assignment or a license relating to a trademark under Articles 33 or 34 of the Trademarks Act shall contain the name or trade name, and mailing address, of the new owner or licensee and an indication of the date of the agreement concerning the assignment or the license. Where the applicant so requests, an indication shall be entered concerning limitations of the licensee's rights.
Where a question concerning an entry of an assignment or a license can not be decided immediately, an indication shall nevertheless be inserted into the Register that such an entry has been requested.
A notice shall, upon request, be entered into the Trademark Register where property referred to in Article 34 a of the Trademarks Act has been sequestered, seized or kept for securing payment of a debt.
A registration according to Article 23 b of the Trademarks Act shall contain an indication of the name and the mailing address of the pledgee and of the date of the pledge, the date of the application for registration and the date of the decision on the registration.
Section 7. An application in a trademark matter shall be filed in writing and be signed by the applicant or his representative. The application shall be in the Swedish language unless the Registration Authority, in a specific case, admits otherwise. Where an annex to an application is in a language other than Swedish, the applicant shall file also a certified translation of the annex, where the Registration Authority so requests.
Anyone filing an application shall pay a fee as prescribed in Section 24.
An application concerning several goods or services may be divided into two or more applications among which the initial goods or services are distributed. These applications shall have the same filing date and the same priority as the original application.
Section 15. An application for recordal in the register of a license of the right in a registered trademark may be made by the owner of the trademark or by the licensee. The application shall contain an indication of the name or trade name, and the mailing address, of the licensee and the date of the license agreement. Where the applicant requests a recordal of the fact that the licensee's right is limited, the application shall contain also an indication of this limitation.
To the application shall be attached the license agreement between the owner of the trademark and the licensee, in original or in a certified copy, or in the form of a certified extract from the document.
An application for the registration of a pledge according to Article 34 b of the Trademarks Act shall contain an indication of the name or trade name, and the mailing address, of the pledgee and the date of the pledge.
To the application shall be attached the pledge agreement in original or in a certified copy.
Section 24. For the filing an application in a trademark matter a fee shall be paid with an amount indicated below.
a) for protection in one class of a trademark other than a collective mark 1 200
b) for protection in one class of a collective mark 1 400
c) for each class in addition to the first one 500
For each application for registration, new divided application for registration or new divided registration concerning a mark containing figurative elements or where it is requested that it be registered in specifically designed characters, to be added 200
a) for protection in one class of a mark other than a collective mark 1 200
b) for protection in one class of a collective mark 1 500
c) for each class in addition to the first one 600
Where renewal is applied for after the expiry of the registration period, to be added, for each class 150
Application for registration according to Article 34 b of the Trademarks Act 300
On Community Trade Marks
Section 27. In matters relating to the Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark fees shall be paid to the Patent and Registration Office with the amounts indicated below.
Application for a Community trade mark according to Article 25.1.b) of the Council Regulation on the Community trade mark 300
Application for registration transmitted to the Patent and Registration Office according to Articles 109 and 110 of the Council Regulation.
a) for protection in one class of a mark other than a collective mark 1 200
b) for protection in one class of a collective mark 1 400
c) for protection in one class in addition to the first one 500
For each application for registration, divided application for registration or divided registration relating to a mark containing a figurative element or where it is requested that it be registered in specifically designed characters, to be added 200
Certificate according to Article 89.3 of the Council Regulation 300
Section 28. The Patent and Registration Office shall establish examination reports as referred to in Article 39.2 of the Council Regulation on the Community trade mark.
Section 29. The Patent and Registration Office shall be the compentent Swedish authority for the verification of decisions according to Article 81.6 of the Council Regulation on the Community trade mark.
This Regulation enters into force on January 1, 1996