Full resolution (JPEG) - On this page / på denna sida - Second part - XV. Synopsis of Industrial Legislation. By A. Berencreutz, Chamberlain, Swedish-Norwegian Consul General, Copenhagen - Trade Marks, by N. Rahm, Chief Engineer, Royal Patent Office, Stockholm - Designs and Models, by N. Rahm, Chief Engineer, Royal Patent Office, Stockholm
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designs and models.
1059
had given rise to uniform laws of exchange for these three states. Now it was
desired to continue this newbeaten path also in respect to legislation concerning
trademarks, and, on that account, a committee in common was appointed, which
elaborated a proposal, uniform in all essential respects, about trademark enactments
for the three countries just named. After having been somewhat modified in
certain respects, the Swedish proposal was accepted by the Riksdag in 1884, and
came into force on January 1, 1885, and is still valid, with the alterations
introduced by the law of March 5, 1897.
The right to a trademark, according to Swedish law, is acquired through
the registration of the mark. Everyone within the kingdom who carries on
manufacture, agriculture, mining, commerce, or any form of trade, is entitled by
registration to acquire the exclusive right to use a special trademark, in order
to distinguish his goods, in public trade, from those of others. The registration
need not be restricted to certain kinds of goods. Marks are excluded from
registration in which by the applicant unduly is inserted the name of another person
or firm than that of the applicant himself, or the name of another’s real estate,
or else which contain public arms or stamps, or representations which could give
rise to offense, or which entirely resemble other marks already registered, or which
present so great a likeness to such marks, though different in certain parts, as to
be easily mistaken for them. Neither can a trademark be registered which
consists only of figures, letters, oi> words which are not so distinguished by their
peculiar form that they can be considered as a figuremark. If the word can be
considered as a specially invented name for certain kinds of goods and is not
intended to give information about the origin of the articles in question, or their
nature, destination, amount, or price, its registration is, however, permitted.
The registration fee is 40 kronor (£ 2’2) and the term of protection 10
years, but this can be renewed each time for a period of ten years on the
payment of a renewal-fee of 10 kronor (11 shillings).
Foreign manufacturers are entitled to register and protect their trademarks
only if they belong to such foreign states as have entered into a special treaty
with Sweden upon the matter. They are obliged, as in the case of a patent, to
have an agent resident within the country who is authorized, in the place of his
principal, to be responsible in all cases referring to the trademarks, which are
not protected to a greater degree, or for a longer term, than in the foreign country
in question.
Gold, silver or tin articles must be provided with the official stamp — three
crowns — but, besides, the article must be provided with the name of the manufacturer,
of the place of manufacture, and also the date, before the controlling stamp can be
affixed. The control of the official stamping belongs to the Royal Assay Office,
which was established as-early as 1752. For further information compare page 1023.
In Sweden the stamping or branding of iron and steel goods is also
compulsory. Every smelting factory for pig iron or for working it into wrought iron
or steel, or for any other coarse iron manufacture, must have a registered brand
such as prescribed in the law on trade marks, with which its manufactures must
be marked, and penalties are fixed both for omissions to stamp iron and steel
goods, and for the use of brands belonging to other iron works.
Designs and Models.
The committee whose preliminary work forms the basis of the present statutes
regarding patents and trademarks, also received instructions from the Government
to prepare a bill for the purpose of affording efficient protection against
reproduction of designs and models. While the question concerning laws for patents
arid trademarks was settled as early as 1884, models and designs have, on the
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