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.