När blir ett välkänt varumärke för väl känt? - En undersökning av uppgiftsskyldigheten i varumärkeslagen

Sammanfattning: The aim of this thesis is to describe and analyze how the new article concerning the obligation to provide information within trademarklaw in chapter 1 article 18 in The Swedish Trademark Act, complement the provisions according the extended protection for well-known trademarks in chapter 1 article 10 first paragraph third point in The Swedish Trademark Act relative to the risk for trademark degeneration in chapter 3 article 1 second paragraph first point in The Swedish Trademark Act. The provision of the obligation to provide information aims at a different type of use than the business aspect which is already covered by the extended protection for well-known trademarks, therefore the provision in chapter 1 article 18 in The Swedish Trademark Act more comprehensive. Due to the absence of a clear definition in law of the extended protection for well-known trademarks, and the provisions according to when trademark degeneration considered to have occurred, case laws will be of great importance in order to meet this purpose. Nevertheless, the absence also highlights the complexity of the affect of the provision to provide information. The opportunity to take part of an extended protection for the investments that has been made regarding the goodwill and reputation of the trademark, in combination with the provision of obligation to provide information, gives the holder of a trademarks exclusive rights comprehensive protection. Yet, this extended protection is general and not applicable without difficulties. The paper concludes that by clarifying that a trademark is registered in situations where there is a risk for the public to perceive the trademark as a generic designation for a certain product or service category, might result in stronger distinctiveness. The provision of the obligation to provide information needs not only to be seen as a right in addition to the ordinary protection of trademarks, but also as a helpful tool against the risk of trademark degeneration.