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The average time frame for the registration approval is 6 months, if no objections or oppositions arise.
A registered trademark in this jurisdiction is protected in Norway including the Continental shelf and all of its territorial waters.
Yes. Applicants are required to sign a power of attorney.
Yes. Provided the pre-filing use occurred in Norway, the applicant may benefit by being able to demonstrate the distinctiveness of the mark. This will also aid the applicant in winning against challenges based on non-distinctiveness.
Yes. When the owners are not using their registered trademark, they make it vulnerable to cancellation attacks from competitors.
The following marks that can be recreated graphically and can make a product/service distinct from others are allowed for registration:
- Names
- Terms/words
- Touch
- Taste
- Motion
- Hologram
- Smell/scent
- Sound
- Slogan
- Colour
- Devices
- Shapes with 3 dimensions
The order of phases of application is as follows: examination, registration and publication.
- Examination – the Norway Trademark Office will examine the application based on a number of factors namely formalities, classifications, clarity, descriptiveness, deceptiveness, distinctiveness and conflicts with other applications.
- Registration – The trademark office of Norway will perform the prosecution process and if no challenges or oppositions are received, the office will then issue the registration certificate.
- Publication – The trademark will be published in the Norwegian Official Trademarks Gazette.
The following marks are banned by this jurisdiction for registration:
- Marks that oppose standard of moral or marks that are incompatible with public order
- Common terms with plain or general meaning
- Marks that lack acquired distinctiveness
- Marks that primarily serve as last name or surname
- Marks that primarily serve as name of a geographic location
- Marks that use flags or symbols or names of states, nations and international organizations without permission from authorities
- Marks that can be deceiving to the public
Yes. Nice Classification system is effective in Norway. For trademarks that will be covering multiple classes of goods/services, one application will suffice.
Yes. The filing date in your home country can be claimed as the filing date in Norway provided that your home country is a member of the Paris Convention and its filing date does not exceed 6 months from the filing date in this jurisdiction.
Use the mark 5 years from the date it was registered. You must use the mark for business purposes and the selling or marketing must occur in Norway.
A registered trademark in Norway is initially valid for 10 years starting on the date of application.
The first renewal of your trademark will take place 10 years from the filing of application date.
Yes. It is legal to use an unregistered mark for selling goods/services.
The first-to-file rule applies in Norway. It is mandatory for owners to register their mark in order to secure rights. Rights are also possible to obtain through extensive or long-term use of the mark.
The website of Norway’s trademark office can be visited in this link: www.patentstyret.no
No. This jurisdiction does not mandate applicants to actually use the mark before registration. Intent to use is also not mandatory.
Yes. The grounds for opposition are as follow:
- Mark contradicts moral principles or public order
- Mark contains a geographical indication
- Mark has a general meaning
- Mark has violation against rights in a personal name
- Mark has violation against rights to a registered design
- Mark has violation against rights under Article 6bis (notorious mark), Article 6ter (protected emblems, flags and armorial bearings), Article 6septies (representation of trademark), and Article 8 (trade names) of the Paris Convention
Interested parties such as owners of an earlier right may challenge the registration of your trademark.
Yes. The following are grounds for cancellation:
- Breach of copyright
- Proprietary rights
- Rights to a registered design
- Rights to a personal name
- Application in bad faith
- Misleading, descriptive, generic and non-distinctive mark
- Mark contradicts moral standards
- Mark includes a geographical indication
- Mark includes a protected badge or emblem
Yes. As owner of a registered mark in Norway, you secure the following rights:
- Exclusive right to use and benefit from the mark
- Right to object to conflicting applications filed at a later date
- Right to request a cancellation against conflicting registrations
- Right to file a legal case (infringement) against third parties that use the registered mark without permission or third parties that use similar-looking mark
- Right to receive damages for infringement
- Right to issue license to other business entities that want to use the registered mark
- Right to request for seizure of fake goods
The opposition period starts on the date of publication in the Trademarks Gazette and ends three months after the said date.
Yes. Norway is a Madrid Protocol member.
No. It is not required.
Renewals are made every 10 years.
The first renewal of your trademark will take place 10 years from the filing of application date.
There is none. Documentations are not needed for trademark renewals.
A grace period of 6 months from the date of expiration is given to owners.