their own stamps or marks to their goods, and to advertize publicly the appearance
and nature of those stamps or marks. However, the protection which a tradesman
could expect for his trade-mark, on the ground of the Royal Proclamation
of 1862 and of certain clauses' in the Criminal Law,'was very precarious, and according
as trade expanded and the sphere of commercial operations was extended,
the drawbacks of the inadequate protection afforded by trade-marks made themselves
more and more acutely felt. To remedy these defects, a committee was
appointed by the Government to draft new proposals for securing more effectual
protection to trade-marks, but these proposals did not lead to any result, as in
the meantime events had taken another turn; The fact was that, on the
initiative of the Swedish Riksdag, the three Scandinavian kingdoms, Sweden,
Norway, and Denmark, had entered into joint legislatory action, which had
resulted in uniform bills-of-exchange laws being enacted for the three countries.
It was now found desirable to pursue the same policy also with respect to trademarks
legislation, and, accordingly, a joint committee was appointed, which drew
up proposals, uniform in all essential points, for trade-marks legislation for the
three countries. After some slight amendments, the Swedish proposals were
accepted by the Riksdag of 1884 and came into force on Jan. 1, 1885. This
act, as amended by subsequent acts of March 5, 1897, June 16, 1905, and
August 7, 1914, is still in force.
The right of property in a trade-mark, at Swedish law, is acquired by the
registration of the mark. Everyone carrying on within the Kingdom manufacturing
business, handicraft, agriculture, mining, trade, or any other form : of
commercial occupation, is entitled to acquire by registration the exclusive right
to the use of a special trade-mark, to serve as a distinctive mark'of his goods,
in the open market. The registration need not be restricted to certain classes
of goods. Trade-marks are non-registrable, in which the name of another person
or another firm than that of the applicant, or the name of another person’s real
property is inserted, or which, unauthorized, contain public arms or stamps, |Dr
representations which might give rise to offence or which exactly immitate other
marks already, registered, or which so closely resemble such marks, though different
in certain particulars, as to be calculated to deceive. A trade-mark is non-
registrable which consists only of numerals, letters, or words which are not iso
distinguished by their peculiar form or shape that they can be considered a distinctive
mark. However, if the word may be deemed to be a specially invented
name for certain classes of goods and to have no reference to the origin of the
articles in question, or their nature, use, quantity, or price, it is registrable ; as
a trade-mark.
The registration fee is 40 kronor and the duration 10 years, renewable from
time to time for a period of ten years on payment of a renewal fee of 10 kronor.
A foreign manufacturer is entitled to register and protect his trade-mark
only insofar as he belongs to a foreign country which has entered into a special
convention with Sweden in this regard. He is obliged, as in the case of a
patent, to have resident within the country an agent authorized to accept responsibility
on his behalf in all matters relating to his trade-mark, which, however,
will not be protected to a greater extent, or for a longer term, than in the
foreign country in question.
Gold and silver wares must bear the official stamp — three crowns. Moreover,
the article must be furnished with the name of the manufacturer, the place
of manufacture, and the date, before the hall-mark can be affixed. The supervision
of hall-marking is vested in the Royal Mint, with which, since thé year
1910, has been incorporated the Royal Assay Office, established as early. as
1753. For further information see pp 462, 664.
In Sweden, the stamping of iron and steel goods is also compulsory. Every
works for the blowing of pig iron or works for the preparation of pig iron as
wrought iron or steel, or for the preparation of steel, or for any other coarse
iron manufacture, must, have a registered stamp as prescribed by the Trade-Marks
Act, with which its products are to be marked, and penalties are fixed for
omission to stamp iron or steel goods, as well as for the use of marks belonging
to other iron works.
Designs and Models.
The same committee whose preparatory investigations form the foundation of
the present patents and trade-marks acts, was also commissioned by Government
to draft a Bill for measures to secure adequate protection against the reproduction
of designs and models. Whereas the question of new legislation for
patents and trade-marks was satisfactorily settled as early as 1884, models and
designs have, chiefly owing to the stout opposition of textile manufacturers,
remained without legal protection down to Jan. 1, 1900, and the protection
now afforded relates only to one branch of industry — the metal industry.
That industry had repeatedly made urgent applications for the protection of
designs and it was impossible to doubt its earnestness in the matter.
The Swedish law relating to designs applies only to so called ornamental
designs and ornamental models and is based on the principle of a precedent
examinatioii as to novelty. The parties entitled to protection are inventors of
designs or their assigns, and registration is granted both to Swedes and foreigners,
irrespective of whether Swedes can claim -a corresponding advantage abroad. If
the applicant is not resident in the country, he must have a representative
residing in the country authorized to accept responsibility on his behalf in all
matters relating to his rights to protection. The duration is five years from
the filing of the application, ;and the law does not make mention of any extension
of the term. The fee for registration is 10 kronor, paid once and for all.
The registration is public, and the general nature of the design must be stated
in the application, which must also be accompanied by three copies of a representation
of the design or model.