A trademark cannot be registered if it contains or consists of something which is meant to be perceived as someone else's well-known artist name or similar name, if the use of the mark would disadvantage the bearer of the name and the name clearly does not refer to someone who is long since deceased.

Artist names tend to, more than other names, become known and have economic significance and are also protected by both the Names Act and the Trademarks Act. In addition to artist names, pseudonyms and signatures are also protected, as are such special names under which, for example, athletes have made themselves known.

Well known

In order for the above names to have protection, a requirement is that they are well known in Sweden. The expression “well-known name” is used to refer to a name that has been significant in Sweden's political or cultural history, or is otherwise so famous that it would be seen as inappropriate for someone who is not related to the bearer of the name to have a trademark which consists of or contains the name. The name should be genuinely known by the wider public, meaning that it should normally be “widely spoken of”. Names that are very well known among the public are protected with regards to all goods and services.

In those cases where a name is known within a certain section of the public, the bearer is given protection against someone registering a trademark that consists of or contains the known name for such products and services as the name is known. The assessment can be compared with the protection that a trademark is given. The higher the characteristic force, the wider the protection.

Disadvantage

As artist names and other well-known persons' names have economic significance for the bearer, it is a disadvantage for the bearer if someone else uses their surname in a trademark and sponges off the value that the name has been given.

Was the name borne by a long since deceased person?

Even if an applied for mark contains or consists of something which is meant to be perceived as someone else's well-known artist name, the mark can be registered if the namely clearly refers to someone who is long since deceased. That means the name hindrance must be removed if the name was borne by a person who the public have reason to primarily associate the name with and it has been 70 years or more since the famous bearer of the name died.

Consent

If an applied for mark contains or consists of something which is meant to be perceived as someone else's well-known artist name, the mark can be registered if the bearer of the name gives their consent.