- Table of Contents
- Chapter 1 National Trademark Applications
- § 1. Formal requirements
- § 2. Content of the application
- § 3. Address for correspondence
- § 4. Additional requirements for collective marks
- § 5. Filing date
- § 6. Language requirements
- § 7. Application that apply to several trademarks
- § 8. Representation of the trademark in the application, etc.
- § 9. Alteration of a trademark for which registration has been applied for
- § 10. List of goods and services
- § 11. Disclaimer
- § 12. Objection during the processing of an application
- Chapter 2 Priority
- § 13. Application priority
- § 14. Exhibition priority
- § 15. Partial priority
- § 16. Application in a state outside the Paris Convention or the WTO
- Chapter 3 Separating, Dividing and Merging Applications and Registrations
- § 17. Separation of a trademark in a new application
- § 18. Division of applications
- § 19. Divided application
- § 20. Division of registrations
- § 21. Divided registration
- § 22. Merging divided applications and registrations
- Chapter 4 Opposition and Administrative Review
- § 23. Form and content of an opposition
- § 24. Notification of an opposition
- § 25. Notification of continued processing of an opposition
- § 26. Notification of the outcome of an opposition case
- § 27. Administrative review
- § 28. Processing a request for an administrative review
- Chapter 5 The Trademark Register
- § 29. The Trademark Register
- § 30. International registrations
- Chapter 6 Publications
- § 31. Publication of a registration
- § 32. Publication of an international registration
- § 33. Publication of oppositions received
- § 34. Publication of the final decision in an opposition case
- § 35. Publication of a request for an administrative review
- § 36. Publication of the final decision of an administrative review
- § 37. Publication of a decision under Section 80 of the Norwegian Trademarks Act
- § 38. Publication of a renewal
- § 39. Publication of the transfer of the right to a trademark
- § 40. Publication of a new list of goods or services
- § 41. Other publications
- Chapter 7 International Registration of Trademarks
- § 42. The international application
- § 43. National application or registration as the basis
- § 44. Transmission of the application to the International Bureau
- § 45. Request for registration to take effect in other states
- § 46. Notification in the event of cessation of a basic application or basic registration, etc.
- § 47. Request for an international registration to take effect in Norway
- § 48. Request for renewed assessment
- § 49. International registration is granted effect in Norway
- § 50. Opposition
- § 51. Conversion to a national trademark registration
- Chapter 8 Miscellaneous Provisions
- § 52. About appeals
- § 53. Language requirements for subsequent documents
- § 54. Address for correspondence with the proprietor
- § 55. Document formats, filing time, time limits and fees
- § 56. Renewal and renewal letters
- § 57. Alteration of a registered trademark
- § 58. Changes to the list of goods or services for registered trademarks
- § 59. Storage of marks, etc.
- § 60. Right of registration as in the country of origin
- Chapter 9 Final Provisions
- § 61. Entry into force, etc.
- § 62. Amendments to other Regulations
Trademark Regulations
This is a translation of the Regulations to the Norwegian Trademarks Act. Should there be any differences between this translation and the authentic Norwegian text, the decision will be made on the basis of the authentic Norwegian text.
Legal authority: Passed by Royal Decree of 25 June 2010 with legal authority in Act no. 8 of 26 March 2010 on the protection of trademarks (the Norwegian Trademarks Act), Section 12, Section 18, Section 19, Section 26, Section 40, Section 50, Section 67, Section 70, Section 79 and Section 82; Act no. 32 of 12 March 1993 on plant variety rights, Section 26; Act no. 15 of 14 March 2003 on design protection (the Norwegian Design Act), Section 13, Section 27, Section 37 and Section 52; Act no. 2 of 6 June 1891 on the fineness and stamping of gold, silver and platinum products, etc., Section 4; and Act no. 9 of 15 December 1967 on patents, Section 28, Section 31, Section 52b, Section 62a, Section 62b, Section 68 and Section 69. Proposed by the Norwegian Ministry of Justice and the Police.
EEA references: EEA Agreement, Annex XVII no. 9h (Directive 2008/95/EC).
Table of Contents
Chapter 1 National Trademark Applications §§ 1-12 Chapter 2 Priority §§ 13-16 Chapter 3 Separating, Dividing and Merging Applications and Registrations §§ 17-22 Chapter 4 Opposition and Administrative Review §§ 23-28 Chapter 5 The Trademark Register §§ 29-30 Chapter 6 Publications §§ 31-41 Chapter 7 International Registration of Trademarks §§ 42-51 Chapter 8 Miscellaneous Provisions §§ 52-60 Chapter 9 Final Provisions §§61-62
Chapter 1 National Trademark Applications
§ 1. Formal requirements
An application for registration of a trademark is filed on a specific application form. The form and any enclosures shall be completed in printing type.
§ 2. Content of the application
The application shall include: - the applicant’s name or business name and address and, where appropriate, the name or business name and address of the representative
- information on priority, if this is requested, cf. Section 13 to Section 16
- a representation of the trademark, cf. Section 8
- a list of the goods and services for which application is made for registration of a trademark, cf. Section 10.
The application shall be signed by the applicant or his representative.
§ 3. Address for correspondence
Unless specified otherwise in the application, the address given under Section 2 no. 1 is the address for notifications and service, etc. under the Section 77 of the Norwegian Trademarks Act. If the applicant has appointed a representative, the address of the representative is the relevant address as far as the power of attorney allows. If there are several applicants or representatives, the address of the person listed first is the address for correspondence, unless specified otherwise. The applicant may, at any time, notify the Norwegian Industrial Property Office of a new address for correspondence.
§ 4. Additional requirements for collective marks
If the application is for registration of a collective mark, it shall also contain the regulations established for the use of the mark. The regulations shall include provision on: - who is entitled to use the mark and the conditions for use
- the possible consequences of unlawful use or use in contravention of the conditions established in the regulations for the user
- the proprietor’s obligations to assert liability against a person who uses the mark in contravention of the regulations for use
- the proprietor’s rights and obligations in relation to users, including the right of supervision, possibly using specific supervisory bodies.
§ 5. Filing date
The application is given a filing date, even if the requirements for the application set forth in the Norwegian Trademarks Act and these Regulations are not met, if it contains a representation of the trademark for which application for registration is made, a list of the goods and services to which the application applies which meets the language requirements in Section 6 and information that makes it possible to identify and contact the applicant or representative, if any.
§ 6. Language requirements
The application, including any regulations as specified in Section 4 and the list of goods and services shall be in Norwegian.
Other documents shall be in Norwegian, Danish, Swedish or English.
If the application or other documents are in a language other than that specified in paragraph one, the Norwegian Industrial Property Office may request that the applicant file a translation into Norwegian within a time limit set by the Norwegian Industrial Property Office.
The Norwegian Industrial Property Office may request that the translation be certified by a state-authorised translator.
The Norwegian Industrial Property Office may, in individual cases, accept languages other than those specified in paragraph one.
§ 7. Application that apply to several trademarks
An application for registration may only apply to one trademark.
If an application applies to several trademarks, the Norwegian Industrial Property Office shall notify the applicant of this fact and set a time limit for the applicant to request that one of the trademarks is to be processed on the basis of the application.
The applicant may request that a trademark that is not processed on the basis of the original application be processed in a new application, cf. Section 17.
§ 8. Representation of the trademark in the application, etc.
It is necessary to specify in the application the type of trademark to be registered, for example whether it is a word mark, figurative mark, combined mark or three-dimensional mark. It is also necessary to specify whether the trademark is in colour.
If the application concerns a figurative or combined trademark, the applicant shall enclose a clear reproduction of the mark no larger than 8.0 x 8.0 cm. Reproduction means any graphic representation that can be recorded, stored and reproduced electronically.
If the application concerns a three-dimensional trademark, the applicant shall enclose the number of reproductions necessary to display the entire design of the mark. The Norwegian Industrial Property Office may decide which of the images supplied is/are to be included in subsequent publication. If it is considered necessary for the assessment of whether the trademark can be registered, the Norwegian Industrial Property Office may request the applicant to supply a model of the trademark. The model shall be made of durable, nonhazardous material and shall not exceed 30 cm in any direction or weigh more than 4 kg.
If the application concerns other trademarks, for example sound marks, marks consisting of colours or colour combinations or moving marks, the applicant shall supply a detailed description of the mark, for example in the form of notes or an indication of a colour number in an international colour code system. For sound marks and moving marks, the Norwegian Industrial Property Office may request the applicant to supply a sample of the trademark stored on a suitable medium.
The Norwegian Industrial Property Office establishes detailed guidelines on storage formats for the various trademark types, etc.
§ 9. Alteration of a trademark for which registration has been applied for
A request to alter a trademark for which registration has been applied for under Section 13 of the Norwegian Trademarks Act shall be filed to the Norwegian Industrial Property Office and include: - the applicant’s name or business name and address and, where appropriate, the name or business name and address of the representative
- any separate correspondence address under Section 3
- the application number of the trademark to be altered
- the alteration of the trademark required
- a representation of the trademark in altered form and any additional images if
necessary under Section 8.
The form and any enclosures shall be completed in printing type and be signed by the applicant or proprietor, or his representative.
A request for alteration may only include one new trademark. Assessment of whether the conditions have been met for altering a trademark for which registration has been applied for under Section 13, paragraph one of the Norwegian Trademarks Act shall always take place in relation to the trademark for which registration was originally applied for.
The new trademark shall be entered in the register with an indication of the date of the alteration of the trademark.
§ 10. List of goods and services
An application for registration of a trademark shall include a list of goods and services.
The goods and services shall be indicated clearly and unambiguously. Use of the designations in the Norwegian Industrial Property Office’s Norwegian translation of the up to date version of the Nice Agreement no. 1 of 15 June 1957 Concerning the International Classification of Goods and Services in force is always considered to meet the requirement in paragraph one. The goods and services shall be listed in the classes to which they belong. The classes shall be set out in ascending numerical order.
The list of goods or services may not subsequently be extended to apply to goods and services other than those specified in the application when it was filed.
§ 11. Disclaimer
If the Norwegian Industrial Property Office considers that a disclaimer should be made for part of a trademark, the applicant shall be notified of this. The wording of the proposed disclaimer shall be included in the notification. The notification shall also include a time limit for the applicant to comment.
If the applicant does not accept the disclaimer, the Norwegian Industrial Property Office may reject the application for registration or cancel a registration following an opposition.
§ 12. Objection during the processing of an application
If, before a trademark is registered, the Norwegian Industrial Property Office receives an objection of importance to the assessment of the application, the Norwegian Industrial Property Office shall notify the applicant hereof.
An objection to the registration of a trademark does not grant any party rights. If the objection is not complied with, the party who has filed the objection shall be informed of the right to file an opposition.
Chapter 2 Priority
§ 13. Application priority
A request for priority under Section 19, paragraph one, of the Norwegian Trademarks Act must be made within six months from the date of priority and must be stated in the application. It is not possible to make a request for priority after this time or to supplement an application with such a request after the application has been filed.
If the priority time limit expires on a public holiday or on a day on which the Norwegian Industrial Property Office is closed, the time limit is extended to the next working day.
Priority may also be requested for an application filed with a regional trademark authority if, under the legislation in a state that is party to the Paris Convention no. 1 of 20 March 1883 for the Protection of Industrial Property or the WTO Agreement no. 1 of 15 April 1994 Establishing the World Trade Organization or under a bilateral or multilateral agreement concluded between states that are party to the Paris Convention or the WTO Agreement, this is equated with filing a national application.
The request for priority shall specify the trademark authority with which the application being invoked was filed, the date on which it was filed and the application number. If the application number is not known, the number shall be forwarded as soon as the applicant knows it. If any of this information is missing, the Norwegian Industrial Property Office shall give the applicant a time limit of one month to correct the deficiency. The right to priority lapses if the time limit for correction is not complied with.
The Norwegian Industrial Property Office may request the applicant to supply proof of priority within three months. The proof of priority shall contain information as specified in paragraph three, sentence one, the name of the applicant and a copy of the application and shall be certified by the trademark authority with which the application invoked was filed. The right to priority lapses if the time limit is not complied with.
A request for priority may be withdrawn by written notification to the Norwegian Industrial Property Office until the application for registration has been decided on.
§ 14. Exhibition priority
A request for priority under Section 19, paragraph two, of the Norwegian Trademarks Act must be made within six months from the date of priority must be evident from the application. It is not possible to make a request for priority after this time or to supplement an application with such a request after the application has been filed.
If the priority time limit expires on a public holiday or on a day on which the Norwegian Industrial Property Office is closed, the time limit is extended to the next working day.
The request for priority shall indicate the name of the exhibition at which the trademark was first displayed, the state in which the exhibition was held and the time of the first display of the trademark at the exhibition. If any of this information is missing, the Norwegian Industrial Property Office shall give the applicant a time limit of one month to correct the deficiency. The right to priority lapses if the time limit for correction is not complied with.
The Norwegian Industrial Property Office may request the applicant to supply proof of priority within three months. A declaration by the management responsible for the exhibition that the exhibition was international and of the time of the first display of the goods with the trademark at the exhibition is accepted as proof of priority. The right to priority lapses if the time limit is not complied with.
Section 13, paragraph five, applies correspondingly.
§ 15. Partial priority
If the application covers more than one good or service, the applicant may request priority for the trademark for one or more of the goods or services (partial priority).
Partial priority may also be requested on the basis of different applications. This applies even if the applications are filed in different states. Each application shall meet the conditions in Sections 13 and 14.
§ 16. Application in a state outside the Paris Convention or the WTO
Priority under Section 19 of the Norwegian Trademarks Act may be requested on the basis of an application filed in a state that is not a party to the Paris Convention of 20 March 1883 for the Protection of Industrial Property or the WTO Agreement of 15 April 1994 Establishing the World Trade Organization if this state grants such priority on the basis of trademark applications filed in Norway.
The provisions in Section 13 to Section 15 apply correspondingly.
Chapter 3 Separating, Dividing and Merging Applications and Registrations
§ 17. Separation of a trademark in a new application
In the event of a request for separation under Section 7, paragraph two, the applicant shall file a new application form, a representation of the separated trademark and a list of goods or services. Section 23, paragraphs one, three and four, of the Norwegian Trademarks Act, apply correspondingly. The stipulated fee shall be paid.
Documents that were filed in the original application up to and including the implementation of the separation shall be considered to be documents in the new application. A separated application retains its priority from the original application.
A request for separation is rejected if the conditions in paragraphs one and two are not met.
If a separation is implemented, the applicant is notified of this and informed of the number of the new application.
§ 18. Division of applications
An applicant may request that an application filed previously be divided into several independent applications.
A request for division shall indicate the number of the original application and include information on the goods and services with the associated class numbers covered by the original application and to be covered by the new application or applications. The stipulated fee shall be paid for each new application. A new application is called a divided application.
A divided application shall be filed before a final decision has been made on the original application. A divided application may not cover goods and services that were not covered by the original application prior to the division. A divided application may not cover the same goods and services as the original application or another divided application.
A request for division is rejected if the conditions in paragraphs two and three are not met. Section 23, paragraphs one, three and four, of the Norwegian Trademarks Act, apply correspondingly.
The application that is considered to be a continuation of the original application retains its original application number. Each divided application is assigned a new application number.
If a division is implemented, the applicant is notified of this and informed of the number of the divided application.
§ 19. Divided application
Documents that were filed in an original application up to and including the implementation of the division shall be considered to be documents in a divided application. A divided application retains its priority from the original application.
§ 20. Division of registrations
A proprietor may request that the Norwegian Industrial Property Office divide a registration into several registrations.
A request for division shall indicate the number of the original registration and include information on the goods and services with associated class numbers covered by the original registration and to be covered by the new registration or registrations. The stipulated fee shall be paid for each new registration. A new registration is called a divided registration.
A request to divide a registration shall be filed before the original registration has ceased.
A divided registration may not cover goods and services that were not covered by the original registration prior to the division. A divided registration may not cover the same goods and services as the original registration or another divided registration.
A request for division is rejected if the conditions in paragraphs two and three are not met. Section 23, paragraphs one, three and four, of the Norwegian Trademarks Act, apply correspondingly.
The original registration retains its registration number. Each divided registration is assigned a new registration number.
If a division is implemented, the proprietor is notified of this and informed of the number of the divided registration.
§ 21. Divided registration
Documents that were filed in an original registration up to and including the implementation of a division, shall be considered to be documents in a divided registration. A divided registration retains the same filing date and registration date as the original registration and, where relevant, the same priority as the transferred goods and services had in the original registration.
§ 22. Merging divided applications and registrations
An applicant may request that the Norwegian Industrial Property Office fully or partially merge previously divided applications, cf. Section 18.
The request shall indicate the number of the application, the number of the application with which it is to be merged and the goods and services with associated class numbers the merged application is to cover. In the event of a request for a partial merger, the applicant shall indicate the goods and services with associated class numbers that are to be included in the application to which goods and services are transferred. The stipulated fee shall be paid. A request for a merger is rejected if the conditions in this paragraph are not met.
Section 23, paragraphs one, three and four, of the Norwegian Trademarks Act, apply correspondingly.
If previously divided applications, including the original application, are merged, the application that has the original application number is always continued.
If a full or partial merger is implemented, the applicant is notified of this and informed of the number of the merged application.
A proprietor may request that the Norwegian Industrial Property Office fully or partially merge previously divided registrations, cf. Section 20. The provisions in paragraphs two to four apply correspondingly.
Chapter 4 Opposition and Administrative Review
§ 23. Form and content of an opposition
An opposition under Section 26 of the Norwegian Trademarks Act shall be filed with the Norwegian Industrial Property Office and include: - the name or business name and address of the opposing party and, where appropriate, the name or business name and address of the representative
- the registration to which the opposition applies
- the grounds on which the opposition is based
- information on the goods and services to which the opposition applies, or the goods and services that are unaffected by the opposition, if the request is for the registration to be only partially cancelled
- necessary documentation of factors invoked in support of the opposition.
The opposition must be signed by the opposing party or his representative. Section 3 of the Regulations applies correspondingly to the address for correspondence with the opposing party, cf. Section 77 of the Norwegian Trademarks Act.
§ 24. Notification of an opposition
The Norwegian Industrial Property Office sends a copy of the opposition to the trademark proprietor as soon as possible with a time limit for him to comment. If the trademark proprietor replies, the Norwegian Industrial Property Office decides whether further communication between the parties is necessary before the case is processed.
§ 25. Notification of continued processing of an opposition
If an opposition is withdrawn, the Norwegian Industrial Property Office may still continue processing the opposition if there are special reasons for doing so and the trademark proprietor has been notified of this within two months after the Norwegian Industrial Property Office received notification that the opposition had been withdrawn.
§ 26. Notification of the outcome of an opposition case
The Norwegian Industrial Property Office shall notify the trademark proprietor and the opposing party of the outcome of the opposition case and of the right to appeal and the appeal time limit.
§ 27. Administrative review
A request for an administrative review under Section 40 of the Norwegian Trademarks Act shall be filed with the Norwegian Industrial Property Office and include: - the name or business name and address of the person who has filed the request and, where appropriate, the name or business name and address of the representative
- the registration to which the request applies
- the grounds on which the request is based
- an indication of the goods and services to which the request for a review applies, or the goods and services that are unaffected by the request, if the request is for the registration to be only partially reviewed
- necessary documentation of factors invoked in support of the request.
A request for an administrative review shall be signed by the party requesting the review or his representative. Section 3 of the Regulations applies correspondingly to the address for correspondence with the party requesting the review, cf. Section 77 of the Norwegian Trademarks Act.
§ 28. Processing a request for an administrative review
The processing of a request for an administrative review shall be carried out with good progress. Reply time limits and other time limits shall be set accordingly.
A decision shall normally be made in the case after the trademark proprietor’s reply has been received. More than two contributions from each party may be permitted only in exceptional cases. Instead of further written processing of unsettled matters, it shall be considered whether it will be expedient to summon the parties to a meeting.
A copy of the request for an administrative review shall be enclosed with notification of the request, cf. Section 40, paragraph three, sentence one, of the Norwegian Trademarks Act.
If a request for an administrative review is withdrawn, the processing of the request shall be closed and the parties notified of this. Section 51, paragraph four, sentence three, of the Norwegian Trademarks Act applies during the processing of an appeal.
The Norwegian Industrial Property Office shall notify the trademark proprietor and the party who requested the administrative review of the outcome of the case and of the right of appeal and the time limit for appealing.
Chapter 5 The Trademark Register
Legal authority: Passed by Royal Decree of 25 June 2010 with legal authority in Act no. 8 of 26 March 2010 on the protection of trademarks (the Norwegian Trademarks Act), Section 12, Section 18, Section 19, Section 26, Section 40, Section 50, Section 67, Section 70, Section 79 and Section 82; Act no. 32 of 12 March 1993 on plant variety rights, Section 26; Act no. 15 of 14 March 2003 on design protection (the Norwegian Design Act), Section 13, Section 27, Section 37 and Section 52; Act no. 2 of 6 June 1891 on the fineness and stamping of gold, silver and platinum products, etc., Section 4; and Act no. 9 of 15 December 1967 on patents, Section 28, Section 31, Section 52b, Section 62a, Section 62b, Section 68 and Section 69. Proposed by the Norwegian Ministry of Justice and the Police.
EEA references: EEA Agreement, Annex XVII no. 9h (Directive 2008/95/EC).
Chapter 1 National Trademark Applications §§ 1-12 Chapter 2 Priority §§ 13-16 Chapter 3 Separating, Dividing and Merging Applications and Registrations §§ 17-22 Chapter 4 Opposition and Administrative Review §§ 23-28 Chapter 5 The Trademark Register §§ 29-30 Chapter 6 Publications §§ 31-41 Chapter 7 International Registration of Trademarks §§ 42-51 Chapter 8 Miscellaneous Provisions §§ 52-60 Chapter 9 Final Provisions §§61-62
Chapter 1 National Trademark Applications
§ 1. Formal requirements
An application for registration of a trademark is filed on a specific application form. The form and any enclosures shall be completed in printing type.
§ 2. Content of the application
The application shall include: The application shall be signed by the applicant or his representative.
§ 3. Address for correspondence
Unless specified otherwise in the application, the address given under Section 2 no. 1 is the address for notifications and service, etc. under the Section 77 of the Norwegian Trademarks Act. If the applicant has appointed a representative, the address of the representative is the relevant address as far as the power of attorney allows. If there are several applicants or representatives, the address of the person listed first is the address for correspondence, unless specified otherwise. The applicant may, at any time, notify the Norwegian Industrial Property Office of a new address for correspondence.
§ 4. Additional requirements for collective marks
If the application is for registration of a collective mark, it shall also contain the regulations established for the use of the mark. The regulations shall include provision on: § 5. Filing date
The application is given a filing date, even if the requirements for the application set forth in the Norwegian Trademarks Act and these Regulations are not met, if it contains a representation of the trademark for which application for registration is made, a list of the goods and services to which the application applies which meets the language requirements in Section 6 and information that makes it possible to identify and contact the applicant or representative, if any.
§ 6. Language requirements
The application, including any regulations as specified in Section 4 and the list of goods and services shall be in Norwegian.
Other documents shall be in Norwegian, Danish, Swedish or English.
If the application or other documents are in a language other than that specified in paragraph one, the Norwegian Industrial Property Office may request that the applicant file a translation into Norwegian within a time limit set by the Norwegian Industrial Property Office.
The Norwegian Industrial Property Office may request that the translation be certified by a state-authorised translator.
The Norwegian Industrial Property Office may, in individual cases, accept languages other than those specified in paragraph one.
§ 7. Application that apply to several trademarks
An application for registration may only apply to one trademark.
If an application applies to several trademarks, the Norwegian Industrial Property Office shall notify the applicant of this fact and set a time limit for the applicant to request that one of the trademarks is to be processed on the basis of the application.
The applicant may request that a trademark that is not processed on the basis of the original application be processed in a new application, cf. Section 17.
§ 8. Representation of the trademark in the application, etc.
It is necessary to specify in the application the type of trademark to be registered, for example whether it is a word mark, figurative mark, combined mark or three-dimensional mark. It is also necessary to specify whether the trademark is in colour.
If the application concerns a figurative or combined trademark, the applicant shall enclose a clear reproduction of the mark no larger than 8.0 x 8.0 cm. Reproduction means any graphic representation that can be recorded, stored and reproduced electronically.
If the application concerns a three-dimensional trademark, the applicant shall enclose the number of reproductions necessary to display the entire design of the mark. The Norwegian Industrial Property Office may decide which of the images supplied is/are to be included in subsequent publication. If it is considered necessary for the assessment of whether the trademark can be registered, the Norwegian Industrial Property Office may request the applicant to supply a model of the trademark. The model shall be made of durable, nonhazardous material and shall not exceed 30 cm in any direction or weigh more than 4 kg.
If the application concerns other trademarks, for example sound marks, marks consisting of colours or colour combinations or moving marks, the applicant shall supply a detailed description of the mark, for example in the form of notes or an indication of a colour number in an international colour code system. For sound marks and moving marks, the Norwegian Industrial Property Office may request the applicant to supply a sample of the trademark stored on a suitable medium.
The Norwegian Industrial Property Office establishes detailed guidelines on storage formats for the various trademark types, etc.
§ 9. Alteration of a trademark for which registration has been applied for
A request to alter a trademark for which registration has been applied for under Section 13 of the Norwegian Trademarks Act shall be filed to the Norwegian Industrial Property Office and include: The form and any enclosures shall be completed in printing type and be signed by the applicant or proprietor, or his representative.
A request for alteration may only include one new trademark. Assessment of whether the conditions have been met for altering a trademark for which registration has been applied for under Section 13, paragraph one of the Norwegian Trademarks Act shall always take place in relation to the trademark for which registration was originally applied for.
The new trademark shall be entered in the register with an indication of the date of the alteration of the trademark.
§ 10. List of goods and services
An application for registration of a trademark shall include a list of goods and services.
The goods and services shall be indicated clearly and unambiguously. Use of the designations in the Norwegian Industrial Property Office’s Norwegian translation of the up to date version of the Nice Agreement no. 1 of 15 June 1957 Concerning the International Classification of Goods and Services in force is always considered to meet the requirement in paragraph one. The goods and services shall be listed in the classes to which they belong. The classes shall be set out in ascending numerical order.
The list of goods or services may not subsequently be extended to apply to goods and services other than those specified in the application when it was filed.
§ 11. Disclaimer
If the Norwegian Industrial Property Office considers that a disclaimer should be made for part of a trademark, the applicant shall be notified of this. The wording of the proposed disclaimer shall be included in the notification. The notification shall also include a time limit for the applicant to comment.
If the applicant does not accept the disclaimer, the Norwegian Industrial Property Office may reject the application for registration or cancel a registration following an opposition.
§ 12. Objection during the processing of an application
If, before a trademark is registered, the Norwegian Industrial Property Office receives an objection of importance to the assessment of the application, the Norwegian Industrial Property Office shall notify the applicant hereof.
An objection to the registration of a trademark does not grant any party rights. If the objection is not complied with, the party who has filed the objection shall be informed of the right to file an opposition.
Chapter 2 Priority
§ 13. Application priority
A request for priority under Section 19, paragraph one, of the Norwegian Trademarks Act must be made within six months from the date of priority and must be stated in the application. It is not possible to make a request for priority after this time or to supplement an application with such a request after the application has been filed.
If the priority time limit expires on a public holiday or on a day on which the Norwegian Industrial Property Office is closed, the time limit is extended to the next working day.
Priority may also be requested for an application filed with a regional trademark authority if, under the legislation in a state that is party to the Paris Convention no. 1 of 20 March 1883 for the Protection of Industrial Property or the WTO Agreement no. 1 of 15 April 1994 Establishing the World Trade Organization or under a bilateral or multilateral agreement concluded between states that are party to the Paris Convention or the WTO Agreement, this is equated with filing a national application.
The request for priority shall specify the trademark authority with which the application being invoked was filed, the date on which it was filed and the application number. If the application number is not known, the number shall be forwarded as soon as the applicant knows it. If any of this information is missing, the Norwegian Industrial Property Office shall give the applicant a time limit of one month to correct the deficiency. The right to priority lapses if the time limit for correction is not complied with.
The Norwegian Industrial Property Office may request the applicant to supply proof of priority within three months. The proof of priority shall contain information as specified in paragraph three, sentence one, the name of the applicant and a copy of the application and shall be certified by the trademark authority with which the application invoked was filed. The right to priority lapses if the time limit is not complied with.
A request for priority may be withdrawn by written notification to the Norwegian Industrial Property Office until the application for registration has been decided on.
§ 14. Exhibition priority
A request for priority under Section 19, paragraph two, of the Norwegian Trademarks Act must be made within six months from the date of priority must be evident from the application. It is not possible to make a request for priority after this time or to supplement an application with such a request after the application has been filed.
If the priority time limit expires on a public holiday or on a day on which the Norwegian Industrial Property Office is closed, the time limit is extended to the next working day.
The request for priority shall indicate the name of the exhibition at which the trademark was first displayed, the state in which the exhibition was held and the time of the first display of the trademark at the exhibition. If any of this information is missing, the Norwegian Industrial Property Office shall give the applicant a time limit of one month to correct the deficiency. The right to priority lapses if the time limit for correction is not complied with.
The Norwegian Industrial Property Office may request the applicant to supply proof of priority within three months. A declaration by the management responsible for the exhibition that the exhibition was international and of the time of the first display of the goods with the trademark at the exhibition is accepted as proof of priority. The right to priority lapses if the time limit is not complied with.
Section 13, paragraph five, applies correspondingly.
§ 15. Partial priority
If the application covers more than one good or service, the applicant may request priority for the trademark for one or more of the goods or services (partial priority).
Partial priority may also be requested on the basis of different applications. This applies even if the applications are filed in different states. Each application shall meet the conditions in Sections 13 and 14.
§ 16. Application in a state outside the Paris Convention or the WTO
Priority under Section 19 of the Norwegian Trademarks Act may be requested on the basis of an application filed in a state that is not a party to the Paris Convention of 20 March 1883 for the Protection of Industrial Property or the WTO Agreement of 15 April 1994 Establishing the World Trade Organization if this state grants such priority on the basis of trademark applications filed in Norway.
The provisions in Section 13 to Section 15 apply correspondingly.
Chapter 3 Separating, Dividing and Merging Applications and Registrations
§ 17. Separation of a trademark in a new application
In the event of a request for separation under Section 7, paragraph two, the applicant shall file a new application form, a representation of the separated trademark and a list of goods or services. Section 23, paragraphs one, three and four, of the Norwegian Trademarks Act, apply correspondingly. The stipulated fee shall be paid.
Documents that were filed in the original application up to and including the implementation of the separation shall be considered to be documents in the new application. A separated application retains its priority from the original application.
A request for separation is rejected if the conditions in paragraphs one and two are not met.
If a separation is implemented, the applicant is notified of this and informed of the number of the new application.
§ 18. Division of applications
An applicant may request that an application filed previously be divided into several independent applications.
A request for division shall indicate the number of the original application and include information on the goods and services with the associated class numbers covered by the original application and to be covered by the new application or applications. The stipulated fee shall be paid for each new application. A new application is called a divided application.
A divided application shall be filed before a final decision has been made on the original application. A divided application may not cover goods and services that were not covered by the original application prior to the division. A divided application may not cover the same goods and services as the original application or another divided application.
A request for division is rejected if the conditions in paragraphs two and three are not met. Section 23, paragraphs one, three and four, of the Norwegian Trademarks Act, apply correspondingly.
The application that is considered to be a continuation of the original application retains its original application number. Each divided application is assigned a new application number.
If a division is implemented, the applicant is notified of this and informed of the number of the divided application.
§ 19. Divided application
Documents that were filed in an original application up to and including the implementation of the division shall be considered to be documents in a divided application. A divided application retains its priority from the original application.
§ 20. Division of registrations
A proprietor may request that the Norwegian Industrial Property Office divide a registration into several registrations.
A request for division shall indicate the number of the original registration and include information on the goods and services with associated class numbers covered by the original registration and to be covered by the new registration or registrations. The stipulated fee shall be paid for each new registration. A new registration is called a divided registration.
A request to divide a registration shall be filed before the original registration has ceased.
A divided registration may not cover goods and services that were not covered by the original registration prior to the division. A divided registration may not cover the same goods and services as the original registration or another divided registration.
A request for division is rejected if the conditions in paragraphs two and three are not met. Section 23, paragraphs one, three and four, of the Norwegian Trademarks Act, apply correspondingly.
The original registration retains its registration number. Each divided registration is assigned a new registration number.
If a division is implemented, the proprietor is notified of this and informed of the number of the divided registration.
§ 21. Divided registration
Documents that were filed in an original registration up to and including the implementation of a division, shall be considered to be documents in a divided registration. A divided registration retains the same filing date and registration date as the original registration and, where relevant, the same priority as the transferred goods and services had in the original registration.
§ 22. Merging divided applications and registrations
An applicant may request that the Norwegian Industrial Property Office fully or partially merge previously divided applications, cf. Section 18.
The request shall indicate the number of the application, the number of the application with which it is to be merged and the goods and services with associated class numbers the merged application is to cover. In the event of a request for a partial merger, the applicant shall indicate the goods and services with associated class numbers that are to be included in the application to which goods and services are transferred. The stipulated fee shall be paid. A request for a merger is rejected if the conditions in this paragraph are not met.
Section 23, paragraphs one, three and four, of the Norwegian Trademarks Act, apply correspondingly.
If previously divided applications, including the original application, are merged, the application that has the original application number is always continued.
If a full or partial merger is implemented, the applicant is notified of this and informed of the number of the merged application.
A proprietor may request that the Norwegian Industrial Property Office fully or partially merge previously divided registrations, cf. Section 20. The provisions in paragraphs two to four apply correspondingly.
Chapter 4 Opposition and Administrative Review
§ 23. Form and content of an opposition
An opposition under Section 26 of the Norwegian Trademarks Act shall be filed with the Norwegian Industrial Property Office and include: The opposition must be signed by the opposing party or his representative. Section 3 of the Regulations applies correspondingly to the address for correspondence with the opposing party, cf. Section 77 of the Norwegian Trademarks Act.
§ 24. Notification of an opposition
The Norwegian Industrial Property Office sends a copy of the opposition to the trademark proprietor as soon as possible with a time limit for him to comment. If the trademark proprietor replies, the Norwegian Industrial Property Office decides whether further communication between the parties is necessary before the case is processed.
§ 25. Notification of continued processing of an opposition
If an opposition is withdrawn, the Norwegian Industrial Property Office may still continue processing the opposition if there are special reasons for doing so and the trademark proprietor has been notified of this within two months after the Norwegian Industrial Property Office received notification that the opposition had been withdrawn.
§ 26. Notification of the outcome of an opposition case
The Norwegian Industrial Property Office shall notify the trademark proprietor and the opposing party of the outcome of the opposition case and of the right to appeal and the appeal time limit.
§ 27. Administrative review
A request for an administrative review under Section 40 of the Norwegian Trademarks Act shall be filed with the Norwegian Industrial Property Office and include: A request for an administrative review shall be signed by the party requesting the review or his representative. Section 3 of the Regulations applies correspondingly to the address for correspondence with the party requesting the review, cf. Section 77 of the Norwegian Trademarks Act.
§ 28. Processing a request for an administrative review
The processing of a request for an administrative review shall be carried out with good progress. Reply time limits and other time limits shall be set accordingly.
A decision shall normally be made in the case after the trademark proprietor’s reply has been received. More than two contributions from each party may be permitted only in exceptional cases. Instead of further written processing of unsettled matters, it shall be considered whether it will be expedient to summon the parties to a meeting.
A copy of the request for an administrative review shall be enclosed with notification of the request, cf. Section 40, paragraph three, sentence one, of the Norwegian Trademarks Act.
If a request for an administrative review is withdrawn, the processing of the request shall be closed and the parties notified of this. Section 51, paragraph four, sentence three, of the Norwegian Trademarks Act applies during the processing of an appeal.
The Norwegian Industrial Property Office shall notify the trademark proprietor and the party who requested the administrative review of the outcome of the case and of the right of appeal and the time limit for appealing.
Chapter 5 The Trademark Register
Table of Contents
necessary under Section 8.