 1 
This is an unofficial translation of the Act on Trade Names, SFS 2018:1653. Should 
there be any differences between this translation and the authentic Swedish text, the 
authentic Swedish text will prevail.  
 
ACT ON TRADE NAMES  
(Swedish Statute Book , SFS, 2018:1653, as last amended by SFS 2020:546)  
 
Chapter 1. Basic provisions  
 
Trade names and other commercial symbols  
 
Article 1.   A trade name is the denomination under which a trade r carries out its activities. If 
a part of the activities is carried out under a specific denomination, this constitutes a specific 
trade name . What is said about trade names in this Act also applies to a specific trade name.  
 Another s ymbol that a trader uses for its  activities is called a secondary symbol . 
 The common denomination for trade names and secondary s ymbols is  commercial symbol s. 
 
Acquisition of exclusive right s 
 
Exclusive right through registration or establishment on the market  
 Article 2.   A trade r acquires an exclusive right in a trade name through registration or 
through establishment on the market. The exclusive right in a secondary s ign is acquired 
though establishment on the market.  
 A trade name is registered in accordance with the provisions in this A ct and what is 
prescribed in other statutes concerning registration of certain types of trade name s. The 
exclusive right in a registered trade name applies within the territory for which it has been 
registered.  
 A commercial symbol  is deemed to be established on the market if it is, within this country , 
known within a considerable part of the turnover sphere to wh ich it is addressed (the 
turnover sphere ) as an indication for the activity c arried out  under the s ymbol . If the 
commercial symbol i s established on the market only within a part of the country, the 
exclusive right applies only within that territory.  
 Exclusive right in trade symbols and personal names  as commercial s ymbols  
 Article 3 .  The holder of a trademark or another trade symbol has an exclusive right to the 
symbol as a commercial s ymbol . If the trade symbol is protected only within a part  of the 
country, the exc lusive right applies only within that territory.  
 A party using its per sonal name as a commercial s ymbol has an exclusive right to the s ymbol 
as a commercial s ymbol if the name is distinctive for the activity for which i t is used. If the  2 
name is used only within a certain part  of the country, the exclusive  right ap plies only within 
that territory.  
 
Meaning of  the exclusive right  
 
Article 4 .  The exclusive right in a commercial s ymbol p ursuant to Articles 2 and 3  implies 
that no one other than the holder is, without his consent, entitl ed to use, in the course of 
commercial activities , a sign that is  
 
1. identical with th e commercial  symbol  and is used for an activity of the same kind,  
2. identical with , or similar to , the commercial s ymbol  for an activity of the same or 
similar kind , if a risk for confusion  exists , including the risk that the use of the sign 
leads to the impressio n that a link exists between the user of the sign and the holder 
of the commercial s ymbol , or 
3. identical with , or similar to , a commercial s ymbol  which  is, in this country , known 
within a substantial part of the turnover sphere , if the use without due cause  takes 
unfair advanta ge of, or is detrimental to, the distinctive  character or the reputation 
of the commercial s ymbol , regardless of whether the use relates to activities of the 
same , similar or other kind. 
 
The exclusive right in a registered trade name does not prevent anyone else from using , in 
commercial activities , a sign referred to in the first Paragraph within the territory where the 
trade name is protected, if it can be shown  that the holder of the trade name cannot suffer 
any damage therefrom.  
 
Limitation of the exclusive right  
 
Article 5 .  The exclusive right in a commercial s ymbol  does not provide any inde pendent 
protection for a  part of the s ymbol  that lacks distinctiveness.  
 
The exclusive right in a commercial s ymbol does not prevent anyone else from using, in the 
course of commercial act ivities , when it is carried out in conformity with honest business 
practices,  
 
1. his personal name or his address , 
2. indications about the type of the activity or the kind, quality, quantity, intended use, value, geographical origin or other characteristics of the good s or services offered in 
the course of the activity , or the time of production of the goods  or the 
performance of the service s, 
3. a commonly used name  of a place . 
 
Conflicting rights  
 
Article 6 .  If several parties claim an exclusive right in commercial s ymbols  which are 
identical or similar in the manner prescribed in Article 4 , the one having the earlier title to 
his claim shall prevail unless otherwise follows from Article 7 . 
  3 
Article 7 .  The rig ht in a commercial s ymbol  established on the market shall co exist with 
an earlier right in a commercial s ymbol  which is identical or confusingly similar in the way 
provided for in Article 4 , if the holder of the earlier right has not , within a reasonable time, 
taken measures to prevent the use of the later s ymbol . In these situations, the right in the 
later commercial s ymbol  does not prevent the use of the earlier one.  
 
Upon a claim by one of the parties , a Court may, in the cases refe rred to in the first 
Paragraph, decide, if this is reasonable, that one of the s ymbols , or both, may be used only 
in a specific manner, such as in a certain styling  or with the addition of an indication of a 
place or of the name of the holder . 
 
Chapter 2. Registration of trade names  
 
General requirements for registration  
 
Article 1 .  A trade name may be registered only if it is capable o f distinguishing the activity 
of its holder from those of others.  
 
For the purposes of assessing whether a trade name is distinctive, consideration shall be 
given to the time and the scope of  the use of the trade name. If the trade name consists 
only of a general denomination of the character of the activity or of a product or service offered in the activity , or if the trade name consists only of a generally used name of a place 
or something similar, the trade name shall not in itself be considered to be distinctive. If a 
denomination like a limited company, partnership or  economic association, or an 
abbreviation of such a denomination,  constitutes a part of the trade name, this 
denomination shall be disregard ed in the assessment.  
 
Public interests as o bstacles to registration  
 
Article 2.   A trade name must not be registered if the trade name  
 
1. is contrary to law or other statutes or to morality  or public order,  
2. includes, without permission,  such a state or international designation that by law or 
other statute must not be used without permission as a trade name, or anything that 
may easily be mistaken for such a  designation , 
3. includes , without permission,  a designation that under the Act (2014:812) on 
protection of designations in int ernational humanitarian law must not , without  
permission,  be used as a trade name or anything that may be mistaken for such a 
designation,  
4. contains or reproduces in its essential parts an earlier  plant variety denomination 
relating to a plant variety of th e same or closely related plant variety to the extent 
that the plant variety is protected under the Act on the Protection of Plant Breeders  
Rights (1997:306) or Union law, or  
5. is other wise likely to mislead the pu blic. 
 
   4 
Other rights as ob stacle to registration  
 
Article 3.  A trade name must not be registered if the trade name  
 
1. is identical with an earlier commercial s ymbol  for activities of the same kind,  
2. is identical with, or similar to, an earlier commercial s ymbol  for activities of the same 
or similar kind, if there is a risk for confusion, including the risk that the use of the 
trade name leads to the impression that a link exists between the user of the trade 
name  and the holder of the commercial s ymbol ,  
3. is ident ical with or similar to a n earlier commercial s ymbol that is known within a 
substantial part of th e turnover sphere,  and the use of the trade name would,  without 
any reasonable cause , constitute an improper advantage from , or would create a 
dama ge to, the distinctiveness or reputation of the commercial s ymbol , regardless of 
whether the use relates to the same , similar or other kind of activities,  
4. may be mistaken for a s ymbol which was , in this country or abroad,  used by 
someone else at the time of the application and is still in use, if the applicant was in bad faith at the time of the application.  
 
Article 4.   The obstacles to registration of a trade name referred to in Article 3, items 1  to 3, 
apply in the same way to  
 
1. a trademark registered pursuant to Chapter 2. of the Trademark Act (2010:1877) or an international trademark registration with effect in Sweden , 
2. a trademark registered pursuant to the Regulation (EU) 2017/1001 of 14 June 2017 by the European Parliament and of the Council on European Union trademarks, or 
an international trademark registration with effect in the European Union, and  
3. a trade symbol established on the market.  
 
Article 5.   If the trade name to which an application for registration refers shall have effect 
in the entir e country and an earlier right relating to a commercial s ymbol  established on the 
market or to a personal name or trade symbol established on the market protected pursuant to Chapter 1, Article 3, the obstacle to registration pursuant to Articles 3 and 4 e xists only if 
the protection for the earlier right has effect in a substantial part of the country.  
 
Article 6.   A trade name must not be registered if it contains, or  consists of  
 
1. someone else´s  family name  enjoying specific p rotection, or someone else´s 
commonly known artistic name or similar name, if the use of the trade name woul d 
cause a disadvantage to  the holder of the name and if the name obviously does not 
refer to a person long diseased,  
2. something that violates another  party´s copyright in a literary or artistic work, or  
3. something that is likely to give the impression of being the denom ination of  a 
foundation, a not -for-profit association or similar association.  
 Article 7.   The provisions in Articles 3, 4 and 6 do not constitute an obstacle to registration 
if the holder of the earlier right consents to the registration.  
 
  5 
Registration in several languages  
 
Article 8.   A trade name may be registered in two or more  languages on condition that the 
language versions cor respond as to their content. What is said in this Act on trade names 
shall apply to each one of the language versions.  
 
Term of validity of the registration  
 Article 9.   The registration has effect from the date when the application for registration was 
filed at the Registration Authority.  
 
Chapter 3. Revocation of a registration  
 Grounds for revocation  
 General grounds  
 Article 1.   A registration of a trade name may be revoked, if  
 
1. the trade name has been registered in violation of this Act or of another statute,  
2. the registration still conflicts with the Act  or statute , 
3. the right in the trade name may anyhow not persist pursuant to Chapter 1, Article 7, 
and 
4. otherwise do not follow from Article 2 of this Chapter.  
 
A registration may also be revoked if  
 
1. the holder has ceased to be a trade r, 
2. the trade name has lost its distinctiveness,  
3. the trade name has come in conflict with law or other statutes or morality  or public 
order, or  
4. the trade name has become misleading.  
 
In the assessment of  whether the registration of a trade name  should be revoked due to lack 
of distinctiveness only such distinctiveness shall be taken into account which the trade name 
has acquired through use before the application for revocation.  
 Article 2.   If a claim for revocation of the registration of a trade name has as its ground that 
an earlier registered trade name pursuant to Chapter 2, Article 3, constitutes an obstacle and if, at the time of application for re vocation, more than five years had pa ssed after the issue  of 
registration of the earlier trade name was finally decided, the following applies. The registration of the later trade name may be revoked only if the earlier trade name has, within 
the latest five years before the application for r evocation, been put to genuine use in the way 
provided for in Article 3 for the activity constituting the ground for the claim.  
 
If at the time of registration of the later  trade name more than five years had passed after the 
issue of the registration of the earlier trade name was finally decided , the earlier  trade name  6 
shall, furthermore , have been put to genuine use  within the latest five years before the 
application for r egistration of the later  trade name.  
 
If the earlier trade name has not been used to the extent provided for in the first and second 
Paragraphs the registration of the later trade name may nevertheless be revoked if proper 
reasons exist why the earlier trade name has not been used to that extent.  
 Failure to use  
 Article 3.  A registration of a trade name  may be revoked, if the holder has not  made 
genuine use of the trade name in Sweden for the activity for which it has been registered within five years from the date when the issue of registration has been finally decided or 
within a period of five consecutive years. The registration mus t, howe ver, not be revok ed on 
grounds of failure to use, if there are  proper reasons why the trade name has not been used . 
 
As use referred to in the first Paragraph , shall be considered also use of the trade name  
 
1. in a form different from the registered one, if the difference relates only to details 
that do not change the distinctiveness of the trade name,  
2. by someone else with the consent of the holder.  
 
The registration m ust not be revoked if the trade name has been used during the interval 
between the expiry of the five -year period and the filing of the application for revocation of 
the registration . Use that is commenced or resumed after the expiry of the five -year period 
and within three months before the filing of the application for revoca tion sh all, however, be 
disregarded, if the preparations for the commencement or resumption occurred after the 
time when  the holder became aware of the fact that an  application for revocation might be 
filed. 
 
Procedure  
 The party wishing to initiate a proc eeding for the revocation of a registration may bring an 
action before a Court or  apply for the revocation of the registration a t the appropriate 
Registration Authority pursuant to Articles  5 to 19 (administrative revocation) . 
 An action for revocation of a registration pursuant to Article 1, second Paragraph , or Article 
3, or Chapter 2, Article 1 or 2, may also be brought by a Public Authority. The Government may, pursuant to Chapter 8, Art icle 7, of the Instrument of Government , issue regulations 
concerning which Authority shall be competent to do that.  
 
Administrative Revocation  
 
Content of  the application  
 
An application for administrative revocation s hall contain 
 
1. information about the parties to the extent prescribed in Chapter 33, Article 1, of the 
Code of Judicial Procedure,   7 
2. a claim for revocation and information about the registration to which the claim 
refers, and  
3. an account of the facts in voked as a ground for the claim for rev ocation.  
 
The applicant shall pay the prescribed application fee.  
 The Government or  the Public Authority  appointed by the Government may, pursuant to 
Chapter 8, Article 7, of the Instrument of Government , issue regulations about what the 
application shall  otherwise contain.  
 Deficiencies in the application  
 Article 6.   If the application is so defective that it cannot form the basis for a processing of 
the matter, the Registration Authority shall invite the applicant to remedy the deficiencies within a specified time. The same applies if the applicant has not paid the application fee.  
 If the applicant fails to comply with the invitation , the application shall be dismissed. The 
applicant shall be informed about this in the invitation . 
 
The application sh all also be dismissed if it aims at a measure other than revocation of a 
registration or if another obstacle exists to its processing.  
 
Removal following withdrawal  
 Article 7.   If the applicant withdraws the application, the matter shall be removed from the 
files. 
 
Unfounded application  
 Article 8.   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 12 appl ies. 
 
Invitation to the holder to respond  
 Article 9.   If the Authority a ccepts the application for processing, the Authority shall invite 
the holder of the registration to respond within a specified time after the serving of the application to the holder.  
 In the invitation, the holder shall be requested  to 
 
1. indicat e whether the application is admitted or contested , and,  if the application is 
contested , the reasons for the contestation , 
2. provide information about himself or herself as indicated in Chapter 33, Article 1, 
first to  third Paragraphs, of the Code of Judici al Procedure, to the extent that the 
information in the application is insufficient or incorrect.  
 
Information shall be given in the invitation that the matter may be decided even if the holder 
fails to respond.   8 
The Government or the Public Authority appoi nted by the Government may, pursuant to 
Chapter 8, Article 7, of the Instrument of Government, issue more detailed regulations 
concerning any further content of the invitation.  
 Serving of the invitation  
 Article 10.   The invitation referred to in Article 9 shall be served upon the holder. The 
serving shall be carried out in the way prescribed in the Code of Judicial Procedure  for the 
serving of summons  in a civil case.  
 A copy of the application documents shall be att ached to the invitation when the documents 
contain something in addition to what is indicated in the invitation.  
 
If the applicant shall see to it that the serving is carried out, Chapter 32,  Article  2, of the 
Code of Judicial Procedure applies.  
 
Article 1 1.  If the Registration Authority has not been able to serve the invitation, the 
Authority shall consider whether the efforts to carry out the serving shall continue or if the applicant shall be offered the opportunity to carry out the serving himself or h erself.  
Consideration shell be given to the work and the cost that have so far been put into the serving, the chances that further efforts will succeed and to other circumstances. If the 
applicant does not accept the offer, the application shall be dismissed.  
 If the applicant shall take care of the serving, Chapter 32, Article 2, of the Code of Judicial 
Procedure applies.  
 
Transfer to a Court  
 Article 12.   If the holder in due time contests the application, the Registration Authority 
shall inform the applicant about this. If the applicant wishes to maintain the  claim, he or she 
may request the matter to be transferred to the  Court.  
 A request for a transfer shall have been filed at the Registration Authority within one month 
from the date when the in formation about the contest ation  was transmitted to the  applicant. 
In the request, the a pplicant shall indicate the circumstances and the pieces of evidence 
invoked and what shall be prove d by each piece of evidence.  The applicant shall at the same 
time fi le the written evidence and other documents invoked.  
 
If the applicant has requested a transfer in due time, the Registration Authority shall transmit 
the matter to the Court. If the applicant has not requested transfer in due time, the matter 
shall be removed from the files.  
 Article 13.   A notification of the holder´s contestation of the application pursuant to Article 
12, first Paragraph, shall contain information concerning  
 
1. that the applicant may request a transfer to the  Court,  
2. the time within which such a request shall be filed,  
3. the content of such a request, and   9 
4. what else is laid down in Article 12.  
 
Revocation of the registration  
 Article 14.  If the holder has not contested the application in due time, the Registration 
Authority shall revoke the registration in accordance with the application.  
 Reopening  
 Article 15.   The holder of a registration which has been revoked pursuant to Article 14, may 
apply for reopening of the matter. Such an application shall be filed at the Registration Authority within one month from the date of the dec ision.  
 If the holder has applied for reopening in due time, the Registration Authority shall transfer 
the matter to the Court. In other cases, the Authority shall dismiss the application.  
 Notifications  
 Article 16.   A notification of revocation shall be sent to the applicant and to the holder.  
 If an application for revocation is dismissed, the Registration Authority shall inform the 
applicant a bout this . If an application for reopening is dismissed, the Authority shall inform 
the holder about this . If the Authority takes  any other decision to the effect that the matter is 
concluded, both the applicant and the holder shall be informed about the decision unless 
this is obviously unnecessary.  
 
Legal force  
 
Article 17.   After the time for an application for reopening has expired, a decision on 
revocation pursuant to Article 14 has legal force in accordance with what applies to a judgment in a civil case which has obtained legal force.  
 Further processing at the Court  
 Article 18.   If a matter has been transferred to the Court, the claim shall be deemed to have 
been filed when the application for administrative revocation was filed at the Registration Authority. The documents filed by the applicant shall be deemed to constitute an application 
for a summons. A summons is deemed to be issued when the Court takes a decision on the 
processing of the case.  
 Article 19.   If a matter has been transferred to the Court, the plaintiff shall pay the 
prescribed supplementary fee. In such a case, the provisions on application fees in Chapter 
42, Articles 3 and 4,  of the Code of Judicial Procedure apply to the supplementary fee.  
 If a case where the Registration Authority has decided on revocation is being dismissed by 
the Court because  the supplementary fee has not been paid, the Court shall at the same time 
set aside the decision by the Registration Authority.  
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Appeal  
 
Article 20.   A decision under Article 1 4 on administrative revocation of a registration of a 
trade name must not be appealed. The same applies to a decision on the transfer to a Court 
or a decision on removal from the files pursuant to Article 12, third Paragraph. Other 
decisions on administrative r evocation may be appealed to the Patent and Market Court 
within three weeks from the date of the decision. A decision during the processing of such a matter must not be appealed separately.  
 Enabling clause  
 Article 21.   The Government is authorized to is sue provisions on fees in matters relating to 
administrative revocation of a registration under this Act.  
 
Removal after revocation  
 Article 22.   If the registration of a trade name has been revoked by the Registration 
Authority pursuant to Article 14 or by the Court, the Registration Authority shall remove the registration of the trade name when the decision has obtained legal force. The decision on 
remov al shall be announced.  
In connection with the revocation of the registration of a trade name, the Regi stration 
Authority or the Court may decide that the trade name may remain in the register for a 
certain time, if this is reasonably necessary for the holder to be able to find a new trade name 
and apply for its registration.  
 Effect of a revocation  
 Articl e 23.   If a registration of a trade name has been revoked pursuant to Article 1, first 
Paragraph, the registration shall be deemed to never have had any legal effect.  
 
If a registration has been revoked pursuant to Article 1, second Paragraph, or Article 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 administrative revocation, 
the Registration Authority, may decide that the registration shall i nstead be deemed to have 
lost its effect on the date when the circumstances constituting the ground for revocation 
came into existence.  
 Chapter 4. Transfer and prohibition against attachment and sale  
 Article 1.   A trade name may be transferred only together with a transfer of the commercial 
activity where it is being used.  
 
A transfer of the commercial activity includes also the trade name, unless otherwise agreed. 
This does, however, not apply if the trade name i ncludes the family name of the transfer or, 
in the case of a transfer of a partnership, of a partner.  
  11 
If a trade name which includes the family name of the deceased forms part of an estate , the 
estate administrator must not transfer the trade name without  consent of the parties to the 
estate.  
 
Article  2.  A trade name must not be attached and sold. If the holder enters into bankruptcy, 
the right to the trade name forms part of the bankruptcy estate, unless the trade name includes the family name of the deb tor or, in the case of bankruptcy of a partnership, one of 
the partners. A trade name which does not form part of a bankruptcy estate may nevertheless be used during the time the activity continues on behalf of the estate . 
 Chapter 5. Criminal liability, injunction with a  penalty of a fine, damages, etc.  
 Criminal liability  
 Article 1.   Anyone who infringes the right in a  commercial symbol  (trade name 
infringement) , if the act is committed intentionally  or by gross negligence, is punishable  for 
trade name 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  trade name violation with  imprisonment for a  minimum of  six months 
up to a maximum of six years. When assessing whether the violation 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 particularly dangerous nature.  
 Anyone who has violated a n injunction with a penalty of a fine pursuant to Article 3, must 
not be held liable for infringements covered by the injunction.  
 Responsibility is assigned under Chapter 23 o f the Criminal Code for attempting to  commit 
or preparation of trade name violation or serious  trade name violation.  
 
The prosecutor may initiate a prosecution for violations only if the prosecution is motivated 
for being in the public interest.  (Act 2020:546)  
 Forfeiture  
 Article 2.   The property to which an offence pursuant to Article 1 relates, shall be declared 
forfeited if this is not obviously unreasonable. Instead of the property its value may be declared forfeited. Also profits from such an offence shall be declared forfeited unless this is 
obviously unreasonable. The same applies to what someone has received as a compensation  
for costs related to such an offence , or the value of what has been received, if the act of 
receiving constitutes an offence under Article 1.  
 Property which has been used as a n implement  in an offence under Article 1  may be 
declared forfeited if this is necessary for the prevention of offences or if other wise special   12 
reaso ns exist . The same applies to property that has been intended to be used as a n 
implement  in an offence under Ar ticle 1, if the offence has been completed or if the act has 
constituted a punishable attempt or a punishable preparation. Instead of the property its 
value may be declared forfeited.  
 Injunction with a  penalty of a fine  
 Article 3.   Upon a claim  by a party that has suffered a trade name in fringement, the Court 
may issue an i njunction with a  penalty of a fine, prohibiting the party that  commits, or 
contributes to, the infringement to continue that act.  
 The Court may issue an injunction with a penalty of a fine for the time until the case has 
been finally adjudicated or otherwise has been decided if  
 
1. the plaintiff shows a probable cause that a trade name infringement or a 
contribution to an infringement, takes place, and  
2. it may reasonably  be expected that the defendant, through the continuation of the 
act, or the contribution thereto,  diminishes the value of the exclusive  right in the 
trade name.   
 
Before such an injunction pursuant to the second Paragraph is issued, the defendant shall be  
given an opportunity to respond, unless a delay would entail a risk for damage.  
 
The first to third  Paragraphs also apply to acts involvin g attempts t o, or preparations of , 
infringements.  
 
Article 4.   An injunction pursuant to Article 3, 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 depositing such a security, the Court may liberate him or her from it.   
 
The provisions in Chapter 2, Article 25, of the Enforcement Code shall apply as regards the 
type of security to be deposited. The security shall be examined by the Court unless it has 
been approved by the defendant.  
 
Article 5.   If an injunction has been issued pursuant to Article 3, second P aragraph, the 
Court shall, w hen the case is adjudicated, consider  whether the  injunction shall continue to 
apply.  
 
As regards appeal against decisions pursuant to Article 3, second Paragraph, and Article 4 , 
and as regards proceedings in higher Courts, the provisions on appeals against decisions in Chapter 15 of the Code o f Judicial Procedure apply . 
 Article 6.   A claim for the imposition of a fine may be brought by the party that has 
requested the injunction.  
 
 
  13 
Damages  
 
Article 7.   Anyone who wilfully or by negligence commits a  trade name infringement s hall 
pay a reasonable compensation for the exploitation of the commercial symbol and compensation for the further damage caused by the infringement. When the amount of the 
compensation for the further damage is decided special consideration shall be given to  
 
1. lost profit  
2. profit made by the party committing the infringement  
3. damage caused to the reputation of the commercial s ymbol , 
4. moral damage, and  
5. the interest of the right -holder that infringements are not committed.  
 Anyone who without intent or negligence commits a trade name infringement shall pay a 
compensation for the exploitation of the commercial symbol to the extent reasonable.  
 Limitation of criminal liability, liability to pay damages and possibility of forfeiture  
 Article 8.   If a trade name infringement is related to a trade name protected solely on the 
basis of a registration,  
 
1. no criminal liability pursuant to Article 1 shall be adjudicated for the infringement committed before the date of the registration,  
2. forfeiture pursuant to Article 2 must not r elate to the infringement committed 
before the date of the registration,  and 
3. compensation pursuant to Article 7 shall be paid for the infringement committed 
before the date of the registration only if the infringement has been committed 
wilfully.  
 
Statutory limitation of the right to damages  
 Article 9.   The right to compensation for damages shall be statute -barred if an action has 
not been brought within five years from the  time when the damage occurred. The right to 
compensation for an infringement of a trade name protected solely on the basis of a 
registration is , however, in no case statute -barred earlier than one year from the registration 
date. 
 
Measures relating to property and implements  
 Article 10.   Upon a claim by a party suffering  a trade name infringement, the Court may, in 
so far as is reasonable, decide that property on which commercial s ymbols appears without 
permission shall be recalled from the market , 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 can reasonably be assumed  that 
an offence pursuant to Article 1 has been committed. In respect of such seizures, the provisions on seizure in criminal cases in general apply.   14 
The first and second Paragraphs apply also to attempts  and preparations to commit an 
infringement.  
 
Article 11.   A decision on a measure referr ed to in Article 10, first Pa ragraph, must not imply 
that the party suffering a trade name infringement will be obliged to pay a compensation to the party against which the measure is directed.  
 The measures shall be paid for by the defendant where there are no specific reasons agains t 
it. 
 
A decision referred to in Article 10 shall not be issued  if forfeiture or a measure for the 
prevention of wrongful acts shall be decided pursuant to Article 2 or the Penal Code.  
 
Dissemination of information about a judgment  
 Article 12.   In a case relating to a trade name infringement the Court may, upon a cla im by 
the plaintiff , decide that the party having committed, or contributed to, the infringement 
shall defray appropriate measures to disseminate information about the judgment in the case.  
 The first Paragraph applies also to a ttempt s and preparations to commit an infringement.  
 Chapter 6. Orders to provide information and infringement investigations.  
 Order to provide information  
 Basic provisions  
 Article 1.   If an applicant shows a probable cause that someone has committed a trade  name  
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 i n respect of which the infringement 
has been committed (order to provide information) . Such an order may be issued upon a claim 
by the party suffering the infringement. It may be issued only if the information can be 
assumed to facilitate the inquiry into an infringement relating to the goods or services.  
 
An order to provide information may be directed against any party that  
 
1. has committed, or contributed to, the infringement,  
2. has on a commercial scale  exploit ed the goods that the infringement concerns,  
3. has on a commercial scale exploit ed 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 infringement, or  
5. has been identified by a party referred to in 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.  
   15 
The information about  the origin or distribution network of goods or service s may, in 
particular, 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 
about the price fixed  for the goods or services.  
 
The first to third Paragraphs apply also to attempts  and preparations to commit an 
infringement.   
 
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 the 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 would 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 co mmitted a criminal offence.  
 The Regulation (EU) 2016/679 of the European Parliament 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 limiting the use that may  be made of personal data 
received . 
 Processing of matters relating to orders to provide information  
 Article 3.   If the claim for an order to provide inf ormation is directed against the applicant´s 
opposing party in a case relating 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 claim 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 (1996:242) on Court Matters 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.  
 Right to compensation  
 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 caused. The compensation shall be paid by 
the party appl ying for the order to provide information.  
  
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Obligation to notify in certain cases  
 
Article 5.  A  party that makes available an electronic information service and who has, 
pursuant to an order to provide information, delivered information referred to in Chapter 6, Article 20, of the Act (2003:389) on Electronic Communication, shall send a written 
notification concerning 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 information. Costs for the notification shall be compensated in accordance with Article 4.  
 Infringement investigation  
 Basic provisions  
 Article 6.  If it can reasonably be assumed that someone has committed, or contributed to, a  
trade name infringement, the Court may, for the preservation 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 important for the inquiry into the i nfringement 
(infringement investigation).  Such an order may be issued upon a  claim b y the party suffering the 
infringement . If legal proceedings have not been initiated, the claim  shall be submitted in writing.  
 
The first Paragraph applies also to attempt s and preparat ions to commit an infringement.  
 Article 7.   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.  
 
Processing of matters relating to an infringement investigation  
 Article 8.  Before an order for an 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 respec ts, 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 a legal proceeding.  
 Posting of a security  
 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 such a security, the Court may liberate him or her  from it . 
 The provisions of Chapter 2, Article 25, of the Enforcement Code shall apply  in respect of the 
security to be posted. The security shall be examined by the Court unless the opposite party has approved it.  
   17 
The decision on an infringement investigation  
 
Article 10.  An order for an infringement investigation shall i nclude  information about  
 
1. the purpose of the investigation,  
2. the objects and documents that may be searched for, and  
3. the premises that may be searched.  
 If necessary, the Court shall set also other conditions for the execution of the order.  
 Appeal against the decision  
 Article  11.  In respect of appeals against the decision by the Court for an infringement 
investigation and in respect of the proceedings in higher Courts the provisions on appeal 
against decisions in Chapter 15 of the Code  of Judicial Procedure apply.  
 Execution of an order for an infringement investigation.  
 Article 12.  A decision on a n order for an infringement investigation is immediately 
enforceable. If an application for its execution has not been filed within one month from the decision , the order becomes invalid.  
 Article 1 3.  An order for an infringement investigati on is executed t hrough 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 inform ed about the execution only if the decision on an infringement 
investigation has been issued after hearing the opposite 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 1 4.  The opposite party has the right to summon an attorney when a  decision on  an 
infringement investigation shall be executed. The execution must not 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 meas ure will not be achieved.  
 
During the execution the Enforcement Authority 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 shall  18 
see to it that the applicant or the representative is not informed about the findings more than can 
be justified by the execution.  
 Invalidation of a measure taken at an infringemen t investigation  
 Article 1 5.  If the applicant does not, within one month from the conclusion of the execution, 
file an action or in some other manner initiates a proceeding relating to the matter , any measure 
undertaken in the context of the execution shall immediately be invalidated to the extent 
possible. The same applies if a decision on  an infringement investigation is invalidated after the 
execution has been concluded.  
 
Processing of material from the infringement investigation  
 Article 1 6.  The Enforcement Authority shall list ph otographs 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 7. Other provisions  
 Compete nt Court  
 Article 1.   The Patent and Market Court is the competent Court in matters pursuant to this 
Act if they are not to be processed under the Act (1974:371) on Litigation in Labour Disputes.  
 The provisions in the Code of Legal Procedure about limitation of the competence of a 
Court in cases which shall be processed otherwise than by a Court shall not apply to claims for an order to provide information or for an infringement investigation.  
 Notification of judgments  
 Article 2.   The Court shall inform the Registration Authority about any judgment relating to  
 
1. revocation of the registration of a trade name, or  
2. infringement of a registered trade name.  
 
The Court shall also inform the Registration Authority about any judgment in cases where 
an action has been brought for a declaratory judgment relating to a registered trade name.  
 Objection related to invalidity  
 Article 3.   If an action for infringement of a registered trade name is br ought and the party 
against which the action i s brought asserts that the registration is not valid, the issue of 
invalidity may be considered only after an action for revocation has been brought . The Court 
may invite the party claiming that the registratio n is not valid, to bring such a n action before 
a Court within a specified period of time. Has no action  for invalidation been  brought, the 
issue of invalidity may nevertheless be adjudicated in a criminal case and in a case referred to in Article 4.   19 
The first Paragraph applies also if, in a case concerning a declaratory judgment relating to a 
registered trade  name , it is asserte d that the regi stration in invalid.  
 Specific requirement s for approval of an action relating to an infringement  
 Article 4.   If an action i s brought relating to infringement of a registered trade name and if, 
at the time of the filing of the action, more than five years had lapsed after the issue of t he 
registration of the trade name was finally decided, the following applies. The action may b e 
approved only if the trade name has , within the five latest years before the filing of the 
action,  been put to genuine  use in the manner prescribed in Chapter 3, Article 3, for the 
activity constituting the basis for the claim . 
 
If a claim pursuant to the first Paragraph relates to an infringement through the use of a later 
registered trade name and at the time for the application for registration of the later trade 
name more than five years had lapsed after the matter of the registration of the earlier t rade 
name was finally decided, the earlier trade name shall, furthermore, have  been put to genuine  
use within the five late st years before the registration of the later  trade name.  
 If the earlier trade name has not been used to the extent pr ovided for in the first and se cond 
Paragraphs, the claim may nevertheless be approved if there are proper reasons why it has not been used to that extent.  
 The first to third Paragraphs shall be applied also when an action has been brought for a 
declaratory judgment on whether a certain activity constitutes an infringement of a registered 
trade name.  
 
Obstacles to the adjudication of liability, etc.  
 Article 5.   If a registration of a trade name has been revoked pursuant to Chapter 3, Article 
1, first Paragra ph, the Court must not adjudicate liability pursuant to Chapter 5 , Article 1, or 
decide on damages or another measure pursuant to Chapters 5 or 6. If a registration has 
been revoked pursuant to Chapter 3, Article 1, second Paragraph, or Article 3, the Cour t 
must not adjudicate liability pursuant to Chapter 5, Article 1.  
 
Processing of personal data  
 Article 6.   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 5, Article 
1, may be processed if this is necessary in order for a legal claim to be established, asserted 
or defended.  
 Signing of a t rade name  
 Article 7.   Signing of a trade name is done through a clear indication of the complete trade 
name and the signing of the name of the trade name signatory. At the signing of the trade name for a part of the activity carried out under a specific t rade name , also the trade name 
for the entire activity shall be  indicated.   20 
In the case of liquidation or bankruptcy the signing of the trade name shall include an 
addition stating the modified situation.  
 In respect of the signing of a trade name, what is stated in other statutes also applies.  
 Trade names  established in a specific way  
 
Article 8.   An authority or another institution or association for which the Government has 
established a trade name has an exclusive right to that name as if it had been registered under this Act.  
 
1. This Act enters into force on January 1, 2019.  
2. This Act repeals the Trade Names Act (1974:156)  
3. The repealed Act still applies  
a. to acts undertaken or rights acquired before the entry into force,  and 
b. as regards the provisions on competent Courts and proceedings in Courts, in respect of cases and matters initiated in or dinary Courts before September 1, 
2016.  
4. The new Act applies also to commercial s ymbols  which have been established on the 
market, trade names which have been registered and applications for registration which have been file d before the entry into force, unless otherwise follows from item 
3. 
5. National and international trademarks which have, through registrat ion, been gran ted 
protection in Sweden pursuant to earlier regulations shall be deemed to be trademarks referred to in Chapter 2, Article 4, item 1.  
6. The Swed ish Central Bank and “ Svenska Skeppshypotek skassan ” and any other 
institution or association which has been granted an exclusive right to its trade name 
in accordance with the Trade Names Act (1974:156), Article 27, shall continue to 
enjoy an exclusive right in the trade name as i f it had been registered as a trade name 
under this Act.  
  
 
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