- Table of Contents
- Chapter 1. General Provisions
- § 1. Exclusive right to a trademark, etc.
- § 2. Signs that may be trademarks
- § 3. Establishment of a trademark right
- § 4. Content of a trademark right
- § 5. Restriction of a trademark right
- § 6. Exhaustion of a trademark right
- § 7. Priority in the event of conflict between rights
- § 8. Effects of remaining passive
- § 9. Coexistence
- § 10. Deceiving trademarks, etc
- § 11. Reproduction of trademarks in textbooks, etc.
- Chapter 2. National application for registration of a trademark
- § 12. Application for registration
- § 13. Amendment of an application
- § 14. General conditions of registration
- § 15. Trademarks that conflict with public interests
- § 16. Trademarks that conflict with the rights of others
- § 17. Disclaimer
- § 18. Classes of goods and services
- § 19. Priority
- § 20. Examination of the conditions of registration
- § 21. The right to the trademark
- § 22. Registration and publication
- § 23. Deficiencies in an application
- § 24. Refusal
- § 25. Access to the documents in an application case
- Chapter 3. Opposition and Cancellation
- Chapter 4. Duration of the Trademark Registration. Trademark Alteration
- Chapter 5. Review, Invalidity and Deletion
- § 35. Invalidity
- § 36. Deletion in connection with degeneration, etc.
- § 37. Deletion based on non-use of a trademark
- § 38. Partial invalidation and deletion
- § 39. Case affiliation requirements, etc.
- § 40. Filing and processing a request for an administrative review
- § 41. The relationship between cases for the Norwegian Industrial Property Office and the courts
- § 42. Invalidity and deletion in certain special cases
- § 43. Deletion in connection with an unknown address, etc.
- § 44. Effect of decisions concerning invalidity or deletion
- § 45. Cancellation on its own initiative
- § 46. Deletion in connection with expiry of the registration period, etc.
- § 47. Entry in the Trademark Register and publication
- § 48. Access to documents
- Chapter 6. Appeal and Legal Proceedings
- Chapter 7. Assignment and Licence, etc
- Chapter 8. Sanctions against Trademark Infringement
- Chapter 9. Provisions in Respect of Legal Proceedings
- Chapter 10. International Registration of Trademarks
- § 66. Definitions
- § 67. Application for international registration of trademarks
- § 68. The Norwegian Industrial Property Office’s processing of the application
- § 69. Request for registration to take effect in other countries, etc.
- § 70. Request for an international trademark registration to take effect in Norway
- § 71. Opposition
- § 72. Effects of an international trademark registration
- § 73. Relationship between a national and an international trademark registration
- § 74. The effect when an international trademark registration ceases
- § 75. Conversion to a national trademark registration
- § 76. Access to documents
- Chapter 11. Miscellaneous Provisions
- Chapter 12. Final Provisions
Trademarks Act
This is a translation of 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.
(Act No. 8 of March 26, 2010)
Norwegian title: Lov om varemerker.
Entry into force: July 1, 2010.
The Table of Contents is not a part of the Act. It has been included for the purposes of
information.
Table of Contents
Chapter 1. General Provisions. §§1-11.
Chapter 2. National application for registration of a trademark §§12-25.
Chapter 3. Opposition and Cancellation §§26-31.
Chapter 4. Duration of the Trademark Registration. Trademark Alteration §§32-34.
Chapter 5. Review, Invalidity and Deletion §§35-48.
Chapter 6. Appeal and Legal Proceedings §49-52.
Chapter 7. Assignment and Licence, etc. §§53-56.
Chapter 8. Sanctions against Trademark Infringement §§57-61.
Chapter 9. Provisions in Respect of Legal Proceedings §§62-65.
Chapter 10. International Registration of Trademarks §§66-76.
Chapter 11. Miscellaneous Provisions §§77-82.
Chapter 12. Final Provisions §§83-84
Chapter 1. General Provisions
§ 1. Exclusive right to a trademark, etc.
Any natural or legal person may acquire an exclusive right to use a trademark as a distinctive sign for goods or services in an industrial or commercial undertaking pursuant to the provisions of this Act (trademark right).
A society or other organisation may acquire an exclusive right for its members to use a collective trademark for goods or services in an industrial or commercial undertaking (collective mark). A public authority, foundation, company or other organisation that establishes standards for or conducts any other testing on goods or services may acquire an exclusive right to use a trademark for such goods or services to which the standards or the testing apply (guarantee or certification mark). Trademarks such as those mentioned in this paragraph are called collective marks.
Any person who uses his own name or a protected business name as a sign for his goods or services enjoys protection pursuant to the rules of this Act against unlawful use of the name as a trademark by other persons within the same geographical territory.
§ 2. Signs that may be trademarks
A trademark may consist of any sign capable of distinguishing the goods or services of one undertaking from those of another, such as words and combinations of words, including slogans, names, letters, numerals, figures and pictures, or the shape of the goods, their get-up or their packaging.
A trademark right may not be acquired for signs that consist exclusively of a shape that results from the nature of the goods themselves, is necessary to obtain a technical result or adds substantial value to the goods.
§ 3. Establishment of a trademark right
A trademark right may be acquired for the whole of Norway by registering the trademark in the Trademark Register according to the provisions in Chapter 2.
A trademark right may also be acquired for the whole of Norway by international registration according to the provisions in Chapter 10.
A trademark right is acquired without registration when the trademark is established by use. A trademark is considered to be established by use when and for as long as it is well known in the circle of trade in Norway for the relevant goods and services as someone’s sign. If such use is established only in part of Norway, the exclusive right has effect only in this territory.
§ 4. Content of a trademark right
A trademark right has the effect that no one, without the consent of the proprietor of the trademark right (the trademark proprietor), may use in an industrial or commercial undertaking: - a.
- any sign which is identical with the trademark for goods or services for which the trademark is protected
- b.
- any sign which is identical with or similar to the trademark for identical or similar goods or services if there exists a likelihood of confusion, such as if the use of the sign may give the impression that there is a link between the sign and the trademark.
For a trademark which is well known in Norway, the trademark right implies that no one, without the consent of the trademark proprietor, may use a sign that is identical with or similar to the trademark for similar or any other goods or services, if the use of that sign without due cause takes unfair advantage of, or is detrimental to, the distinctive character or repute (goodwill) of the well-known trademark.
Use is considered to include the following: - a.
- affixing the trademark to goods or to the packaging thereof
- b.
- offering goods for sale or otherwise putting them on the market, stocking or delivering them under the sign, or offering or supplying services thereunder
- c.
- importing or exporting goods under the trademark
- d.
- using the sign on business documents and in advertising.
Verbal use of the sign is also considered as use.
§ 5. Restriction of a trademark right
A trademark right acquired by registration does not cover any part of a trademark which could not be registered separately.
The trademark right does not prevent others from using the following in accordance with honest practices in industrial or commercial matters: - a.
- his name, business name or address
- b.
- indications concerning the kind, quality, quantity, purpose, value or geographical origin of the goods or services, the time of production of the goods or of rendering the services or other characteristics of the goods or services
- c.
- the trademark, when this is necessary to indicate the intended purpose of goods or services, such as when the trademark indicates that the intended purpose of the goods is as accessories or spare parts.
An exclusive right to a geographical indication of origin acquired by registration as a collective mark does not prevent others from using the indication when such use is in accordance with honest practices in industrial or commercial matters.
§ 6. Exhaustion of a trademark right
A trademark right does not prevent the use of the trademark for goods put on the market under the trademark within the European Economic Area (EEA) by the proprietor or with his consent.
Paragraph one does not apply if the proprietor has legitimate reasons to oppose further commercialisation of the goods, such as if the condition of the goods has changed or impaired after they were put on the market.
§ 7. Priority in the event of conflict between rights
If more than one party makes separate claims to an exclusive right to identical or similar trademarks cf. Section 4, the proprietor with the earlier right has priority, provided this is not contrary to the provisions in Section 8.
§ 8. Effects of remaining passive
The right to a registered trademark shall coexist with an earlier right to a sign if the proprietor of the earlier right was aware of and tolerated the use in Norway of the later trademark for five consecutive years following registration and the application for registration of the later trademark was filed in good faith. If the later trademark was in use only for some of the goods or services for which it was registered, the right applies only to these goods or services.
The right to a trademark established by use shall coexist with an earlier right to a distinctive sign if the proprietor of the earlier right has taken no steps to prevent the use of the later trademark within reasonable time. The proprietor of an earlier right to a trademark which is well known, cf. Section 4, paragraph two, is considered to have acted within reasonable time if he takes steps to prevent the use within five years after he became aware of the use.
§ 9. Coexistence
In cases such as those mentioned in Section 8 and Section 35, paragraph two, sentence two, the proprietor of the later right may not oppose the use of the earlier distinctive sign even if the proprietor of the earlier right is no longer entitled to invoke his right against the use of the later trademark.
In cases such as those mentioned in Section 8, paragraph two, a court may, if it considers it reasonable, decide that one or both distinctive signs may only be used in the future in a particular manner, for instance in a certain shape or form or with a clarifying addition such as the name of the proprietor or a location, or may only be used for specific goods or services or within a specific territory.
Paragraph two applies correspondingly to cases in which the same or similar trademarks are established by use for different proprietors in different parts of Norway.
§ 10. Deceiving trademarks, etc.
If a trademark is of such nature as to deceive or is used by the trademark proprietor or by any other person with the consent of the trademark proprietor in a manner capable to deceive, a court may prohibit the use of the trademark or such forms of use that are considered deceiving and may issue other injunctions that are considered necessary.
Legal actions pursuant to paragraph one may be brought by the Norwegian Industrial Property Office and by anyone who has a legal interest in doing so.
§ 11. Reproduction of trademarks in textbooks, etc.
When publishing a dictionary, manual, textbook or similar non-fictional publication, the author, chief editor and publisher shall at the request of the proprietor of a registered trademark, ensure that the trademark is not reproduced in the publication, unless it is clearly stated that it is protected by registration.
If a request is made in due time and in accordance with the preceding paragraph is not complied with, the natural or legal person to whom the request was addressed may be required to defray the cost of a rectification published in such a manner and to such extent as is considered reasonable by the Court.
A request according to paragraph one is always considered complied with if the trademark is reproduced with the symbol ® in a clear manner.
Chapter 2. National application for registration of a trademark
§ 12. Application for registration
An application for registration of a trademark shall be filed in writing with the Norwegian Industrial Property Office.
The application shall include: - a.
- the name and address of the applicant
- b.
- a representation of the trademark
- c.
- a list of the goods or services in respect of which the registration is requested.
An application for registration of a collective mark shall also include the regulations established for the use of the trademark.
The application is subject to the requirements set forth by the King in regulations. The stipulated fee shall be paid.
§ 13. Amendment of an application
Insignificant changes may be made to a trademark for which an application has been filed for registration, provided that such changes do not affect the overall impression of the trademark.
The list of the goods or services for which application is made for registration of a trademark may be limited.
§ 14. General conditions of registration
A trademark to be registered shall consist of a sign which is capable of being protected pursuant to Section 2 and capable of being represented graphically. It shall have distinctive character as a sign for the relevant goods or services.
A trademark cannot be registered if it exclusively, or only with insignificant changes or additions, consists of signs or indications that: - a.
- indicate the kind, quality, quantity, intended purpose, value or geographical origin of the goods or services, the time of production of the goods or of the rendering of the services or other characteristics of the goods or services, or
- b.
- constitute customary designations for the goods or services according to normal linguistic usage or to loyal, established business practice.
The conditions in paragraphs one and two shall be met on both the date of application and the date of registration. When assessing a proposed trademark pursuant to paragraph one, sentence two, and paragraph two, it is necessary to take into consideration all circumstances that prevailed on the date of application, in particular effects of use of the trademark prior to this time.
A sign that is used in an industrial or commercial undertaking to indicate the geographical origin of goods or services may, without impediment by the provisions in paragraph two, be registered as a collective mark.
§ 15. Trademarks that conflict with public interests
A trademark cannot be registered if it: - a.
- is contrary to law or public order or is liable to cause offence,
- b.
- is liable to deceive, for example in respect of the nature, quality or geographical origin of the goods or services, or
- c.
- contains, without authorisation, escutcheons or another sign covered by Section 328, paragraph one, no. 4, or paragraph two of the Norwegian Penal Code, a national flag or anything that is liable to be understood as such a sign or flag.
For wine and spirits, it is not permissible to register a trademark that consists of or contains anything that is liable to be understood as a geographical indication of origin, unless the geographical origin of the goods is in accordance with the indication.
§ 16. Trademarks that conflict with the rights of others
A trademark cannot be registered without the consent of the relevant proprietor of rights if: - a.
- use of the trademark would infringe the right of another in this country to a trademark or business name or another business sign,
- b.
- the trademark is liable to be confused with a trademark, business name or other business sign that someone else started to use as a the distinctive sign for goods or services before the applicant and is still using, and the applicant was aware of this use when the application for registration was filed, in such way that the filing shall be considered to have taken place in conflict with honest practices in industrial or commercial matters
- c.
- the trademark contains something that is liable to be perceived as another person’s name, stage name or portrait, unless it obviously refers to a person who is long dead,
- d.
- the trademark contains something that is liable to be perceived as the distinctive title of another’s protected creative or intellectual work or it infringes another’s right in Norway to a creative or intellectual work or a photography or a design, or
- e.
- the trademark infringes another’s right in Norway to a designation protected in regulations pursuant to Act no. 6 of 17 June 1932 on Quality Control of Agricultural Goods, etc. or Act no. 124 of 19 December 2003 on Food Production and Food Safety, etc.
§ 17. Disclaimer
If a trademark contains a component that cannot be registered separately, then, to avoid uncertainty about the scope of the trademark right, the Norwegian Industrial Property Office may make registration subject to an indication, by means of a disclaimer, to the effect that this component is not covered by the protection afforded by registration. The fact that a disclaimer has not been made is of no significance to the scope of the trademark right.
If it later proves that the component of the trademark that has been excluded from protection could be registered separately, the trademark proprietor may make a new application for registration of that part or of the trademark as a whole without the disclaimer.
§ 18. Classes of goods and services
Trademarks are registered for specific goods or services within specified classes of goods or services. The classification of goods and services shall be set forth by the King.
§ 19. Priority
Any person or legal person who has filed an application for registration of a trademark in a foreign state that is 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 and who, within six months thereafter, applies for registration of the trademark in Norway, may claim that the new application be considered to have been filed at the same time as the first application.
Anyone who has used a trademark for goods for the first time in connection with displaying it at an international exhibition, as stated in the Convention of 22 November 1928 on international exhibitions and who, within six months thereafter applies for registration of the trademark in Norway, may claim that the application be considered to have been filed on the date on which the trademark was first displayed at the exhibition.
The King may, in regulations, establish further conditions for the right to claim priority. The King may also establish that priority may be claimed in cases other than those specified in paragraphs one and two.
§ 20. Examination of the conditions of registration
The Norwegian Industrial Property Office shall ensure that the application meets the requirements in Sections 12 to 15, that any requirements for disclaimers have been complied with and that there are no registered trademarks or applications for registration that constitute obstacles to the registration of the trademark applied for.
The Norwegian Industrial Property Office does not examine specifically whether there are other obstacles as mentioned in Section 16 to prevent registration. However, if the Norwegian Industrial Property Office becomes aware of such obstacles, the application shall be examined in relation to them.
§ 21. The right to the trademark
Anyone who can prove that he is entitled to a trademark in an application filed by another party, may request that the Norwegian Industrial Property Office transfer the application. In such case, the person in question shall pay a new application fee.
If there is doubt as to who is entitled to the right, the Norwegian Industrial Property Office may request that the party requesting the application be transferred to him bring legal actions within a time limit fixed by the Norwegian Industrial Property Office. If no such legal actions are brought within the time limit, the Norwegian Industrial Property Office may disregard the request. The party requesting the transfer shall be notified of this.
While a transfer case is being examined by the Norwegian Industrial Property Office, the application may not be amended, shelved, refused or granted until the question of transfer has been finally decided.
If legal actions have been brought concerning the right to the trademark, the Norwegian Industrial Property Office shall postpone examination of the case concerning registration or transfer until the proceedings have been decided with legally binding effect.
The Norwegian Industrial Property Office shall notify the applicant and the party who has requested that the application be transferred to him of the decision in the transfer case. A final decision that the application is to be transferred shall be entered in the Trademark Register and published.
§ 22. Registration and publication
If the application meets the conditions in Section 20, the trademark shall be registered and a letter of registration sent to the applicant. Notice of the registration shall be published.
When a collective mark is registered, the regulations established for the use of the mark shall be registered and published with it. If the regulations are subsequently substantially altered, the amended text shall immediately be submitted to the Norwegian Industrial Property Office for to registration and publishing.
§ 23. Deficiencies in an application
If the application does not meet the conditions in Section 20, the Norwegian Industrial Property Office shall notify the applicant hereof and provide information about the possible effects of the deficiencies. The applicant shall be given a reasonable time limit to respond and, if possible, remedy the deficiencies.
If the deficiencies are remedied within the time limit prescribed by the Norwegian Industrial Property Office, the application shall be considered to have been filed on the date on which it was received by the Norwegian Industrial Property Office. However, the application is not considered to have been filed until the representation of the trademark and the list of the goods or services for which the trademark is to be registered have been received by the Norwegian Industrial Property Office.
If the applicant has not commented on or remedied the deficiencies before the time limit expires, the application shall be shelved.
The processing of a shelved application shall be resumed if the applicant responds to or remedies the deficiencies within two months after the expiry of the time limit. The stipulated fee shall be paid. The processing of an application can only be resumed once.
§ 24. Refusal
If the application has deficiencies that are not remedied according to Section 23, the application shall be refused unless the Norwegian Industrial Property Office considers that the applicant should be given a new time limit for correction.
§ 25. Access to the documents in an application case
Anyone may, as from the date of application, demand access to the application, including the enclosures and all the documents pertaining to the case, unless specified otherwise in paragraphs two and three.
Information on business secrets may be excluded from public access if the applicant so requests. When such a request has been filed, the information will not be available to the public before the request has been refused by a final decision. Information that is significant to whether the trademark can be registered or to the scope of the trademark right may not be excluded from public access. The regulations for use of a collective mark may not be excluded from public access. Section 12 of the Norwegian Freedom of Information Act applies correspondingly.
Documents prepared by the Norwegian Industrial Property Office for its internal case preparation may be excluded from public access.
Chapter 3. Opposition and Cancellation
§ 26. Opposition
When the registration of a trademark is published, any person may file an opposition to the registration. An opposition shall be filed in writing and shall be received by the Norwegian Industrial Property Office within three months of the date of publication.
The opposition shall include: - a.
- the name and address of the person filing the opposition
- b.
- a specification of the registration to which the opposition applies
- c.
- the grounds on which the opposition is based
- d.
- necessary documentation of circumstances invoked in support of the opposition.
The opposition shall also meet the requirements set forth by the King in regulations.
When an opposition has been received by the Norwegian Industrial Property Office, it shall be recorded in the Trademark Register and a notice thereof published.
§ 27. Processing of oppositions
If the opposition does not meet the conditions in Section 26, the Norwegian Industrial Property Office shall set a reasonable time limit to comment on it and, if possible, remedy the deficiencies. If the deficiencies are not remedied before the expiry of the time limit, the opposition shall be rejected, unless the Norwegian Industrial Property Office considers that a new time limit should be set for correction.
The trademark proprietor shall be notified of the opposition as soon as possible and be given the opportunity to comment.
If two or more oppositions have been filed to the same registration, the Norwegian Industrial Property Office may join the cases as one case if no reasoned objection to this is made.
(Act No. 8 of March 26, 2010) Chapter 1. General Provisions. §§1-11. Chapter 1. General Provisions
§ 1. Exclusive right to a trademark, etc.
Any natural or legal person may acquire an exclusive right to use a trademark as a distinctive sign for goods or services in an industrial or commercial undertaking pursuant to the provisions of this Act (trademark right).
A society or other organisation may acquire an exclusive right for its members to use a collective trademark for goods or services in an industrial or commercial undertaking (collective mark). A public authority, foundation, company or other organisation that establishes standards for or conducts any other testing on goods or services may acquire an exclusive right to use a trademark for such goods or services to which the standards or the testing apply (guarantee or certification mark). Trademarks such as those mentioned in this paragraph are called collective marks.
Any person who uses his own name or a protected business name as a sign for his goods or services enjoys protection pursuant to the rules of this Act against unlawful use of the name as a trademark by other persons within the same geographical territory.
§ 2. Signs that may be trademarks
A trademark may consist of any sign capable of distinguishing the goods or services of one undertaking from those of another, such as words and combinations of words, including slogans, names, letters, numerals, figures and pictures, or the shape of the goods, their get-up or their packaging.
A trademark right may not be acquired for signs that consist exclusively of a shape that results from the nature of the goods themselves, is necessary to obtain a technical result or adds substantial value to the goods.
§ 3. Establishment of a trademark right
A trademark right may be acquired for the whole of Norway by registering the trademark in the Trademark Register according to the provisions in Chapter 2.
A trademark right may also be acquired for the whole of Norway by international registration according to the provisions in Chapter 10.
A trademark right is acquired without registration when the trademark is established by use. A trademark is considered to be established by use when and for as long as it is well known in the circle of trade in Norway for the relevant goods and services as someone’s sign. If such use is established only in part of Norway, the exclusive right has effect only in this territory.
§ 4. Content of a trademark right
A trademark right has the effect that no one, without the consent of the proprietor of the trademark right (the trademark proprietor), may use in an industrial or commercial undertaking: For a trademark which is well known in Norway, the trademark right implies that no one, without the consent of the trademark proprietor, may use a sign that is identical with or similar to the trademark for similar or any other goods or services, if the use of that sign without due cause takes unfair advantage of, or is detrimental to, the distinctive character or repute (goodwill) of the well-known trademark.
Use is considered to include the following: Verbal use of the sign is also considered as use.
§ 5. Restriction of a trademark right
A trademark right acquired by registration does not cover any part of a trademark which could not be registered separately.
The trademark right does not prevent others from using the following in accordance with honest practices in industrial or commercial matters: An exclusive right to a geographical indication of origin acquired by registration as a collective mark does not prevent others from using the indication when such use is in accordance with honest practices in industrial or commercial matters.
§ 6. Exhaustion of a trademark right
A trademark right does not prevent the use of the trademark for goods put on the market under the trademark within the European Economic Area (EEA) by the proprietor or with his consent.
Paragraph one does not apply if the proprietor has legitimate reasons to oppose further commercialisation of the goods, such as if the condition of the goods has changed or impaired after they were put on the market.
§ 7. Priority in the event of conflict between rights
If more than one party makes separate claims to an exclusive right to identical or similar trademarks cf. Section 4, the proprietor with the earlier right has priority, provided this is not contrary to the provisions in Section 8.
§ 8. Effects of remaining passive
The right to a registered trademark shall coexist with an earlier right to a sign if the proprietor of the earlier right was aware of and tolerated the use in Norway of the later trademark for five consecutive years following registration and the application for registration of the later trademark was filed in good faith. If the later trademark was in use only for some of the goods or services for which it was registered, the right applies only to these goods or services.
The right to a trademark established by use shall coexist with an earlier right to a distinctive sign if the proprietor of the earlier right has taken no steps to prevent the use of the later trademark within reasonable time. The proprietor of an earlier right to a trademark which is well known, cf. Section 4, paragraph two, is considered to have acted within reasonable time if he takes steps to prevent the use within five years after he became aware of the use.
§ 9. Coexistence
In cases such as those mentioned in Section 8 and Section 35, paragraph two, sentence two, the proprietor of the later right may not oppose the use of the earlier distinctive sign even if the proprietor of the earlier right is no longer entitled to invoke his right against the use of the later trademark.
In cases such as those mentioned in Section 8, paragraph two, a court may, if it considers it reasonable, decide that one or both distinctive signs may only be used in the future in a particular manner, for instance in a certain shape or form or with a clarifying addition such as the name of the proprietor or a location, or may only be used for specific goods or services or within a specific territory.
Paragraph two applies correspondingly to cases in which the same or similar trademarks are established by use for different proprietors in different parts of Norway.
§ 10. Deceiving trademarks, etc.
If a trademark is of such nature as to deceive or is used by the trademark proprietor or by any other person with the consent of the trademark proprietor in a manner capable to deceive, a court may prohibit the use of the trademark or such forms of use that are considered deceiving and may issue other injunctions that are considered necessary.
Legal actions pursuant to paragraph one may be brought by the Norwegian Industrial Property Office and by anyone who has a legal interest in doing so.
§ 11. Reproduction of trademarks in textbooks, etc.
When publishing a dictionary, manual, textbook or similar non-fictional publication, the author, chief editor and publisher shall at the request of the proprietor of a registered trademark, ensure that the trademark is not reproduced in the publication, unless it is clearly stated that it is protected by registration.
If a request is made in due time and in accordance with the preceding paragraph is not complied with, the natural or legal person to whom the request was addressed may be required to defray the cost of a rectification published in such a manner and to such extent as is considered reasonable by the Court.
A request according to paragraph one is always considered complied with if the trademark is reproduced with the symbol ® in a clear manner.
Chapter 2. National application for registration of a trademark
§ 12. Application for registration
An application for registration of a trademark shall be filed in writing with the Norwegian Industrial Property Office.
The application shall include: An application for registration of a collective mark shall also include the regulations established for the use of the trademark.
The application is subject to the requirements set forth by the King in regulations. The stipulated fee shall be paid.
§ 13. Amendment of an application
Insignificant changes may be made to a trademark for which an application has been filed for registration, provided that such changes do not affect the overall impression of the trademark.
The list of the goods or services for which application is made for registration of a trademark may be limited.
§ 14. General conditions of registration
A trademark to be registered shall consist of a sign which is capable of being protected pursuant to Section 2 and capable of being represented graphically. It shall have distinctive character as a sign for the relevant goods or services.
A trademark cannot be registered if it exclusively, or only with insignificant changes or additions, consists of signs or indications that: The conditions in paragraphs one and two shall be met on both the date of application and the date of registration. When assessing a proposed trademark pursuant to paragraph one, sentence two, and paragraph two, it is necessary to take into consideration all circumstances that prevailed on the date of application, in particular effects of use of the trademark prior to this time.
A sign that is used in an industrial or commercial undertaking to indicate the geographical origin of goods or services may, without impediment by the provisions in paragraph two, be registered as a collective mark.
§ 15. Trademarks that conflict with public interests
A trademark cannot be registered if it: For wine and spirits, it is not permissible to register a trademark that consists of or contains anything that is liable to be understood as a geographical indication of origin, unless the geographical origin of the goods is in accordance with the indication.
§ 16. Trademarks that conflict with the rights of others
A trademark cannot be registered without the consent of the relevant proprietor of rights if: § 17. Disclaimer
If a trademark contains a component that cannot be registered separately, then, to avoid uncertainty about the scope of the trademark right, the Norwegian Industrial Property Office may make registration subject to an indication, by means of a disclaimer, to the effect that this component is not covered by the protection afforded by registration. The fact that a disclaimer has not been made is of no significance to the scope of the trademark right.
If it later proves that the component of the trademark that has been excluded from protection could be registered separately, the trademark proprietor may make a new application for registration of that part or of the trademark as a whole without the disclaimer.
§ 18. Classes of goods and services
Trademarks are registered for specific goods or services within specified classes of goods or services. The classification of goods and services shall be set forth by the King.
§ 19. Priority
Any person or legal person who has filed an application for registration of a trademark in a foreign state that is 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 and who, within six months thereafter, applies for registration of the trademark in Norway, may claim that the new application be considered to have been filed at the same time as the first application.
Anyone who has used a trademark for goods for the first time in connection with displaying it at an international exhibition, as stated in the Convention of 22 November 1928 on international exhibitions and who, within six months thereafter applies for registration of the trademark in Norway, may claim that the application be considered to have been filed on the date on which the trademark was first displayed at the exhibition.
The King may, in regulations, establish further conditions for the right to claim priority. The King may also establish that priority may be claimed in cases other than those specified in paragraphs one and two.
§ 20. Examination of the conditions of registration
The Norwegian Industrial Property Office shall ensure that the application meets the requirements in Sections 12 to 15, that any requirements for disclaimers have been complied with and that there are no registered trademarks or applications for registration that constitute obstacles to the registration of the trademark applied for.
The Norwegian Industrial Property Office does not examine specifically whether there are other obstacles as mentioned in Section 16 to prevent registration. However, if the Norwegian Industrial Property Office becomes aware of such obstacles, the application shall be examined in relation to them.
§ 21. The right to the trademark
Anyone who can prove that he is entitled to a trademark in an application filed by another party, may request that the Norwegian Industrial Property Office transfer the application. In such case, the person in question shall pay a new application fee.
If there is doubt as to who is entitled to the right, the Norwegian Industrial Property Office may request that the party requesting the application be transferred to him bring legal actions within a time limit fixed by the Norwegian Industrial Property Office. If no such legal actions are brought within the time limit, the Norwegian Industrial Property Office may disregard the request. The party requesting the transfer shall be notified of this.
While a transfer case is being examined by the Norwegian Industrial Property Office, the application may not be amended, shelved, refused or granted until the question of transfer has been finally decided.
If legal actions have been brought concerning the right to the trademark, the Norwegian Industrial Property Office shall postpone examination of the case concerning registration or transfer until the proceedings have been decided with legally binding effect.
The Norwegian Industrial Property Office shall notify the applicant and the party who has requested that the application be transferred to him of the decision in the transfer case. A final decision that the application is to be transferred shall be entered in the Trademark Register and published.
§ 22. Registration and publication
If the application meets the conditions in Section 20, the trademark shall be registered and a letter of registration sent to the applicant. Notice of the registration shall be published.
When a collective mark is registered, the regulations established for the use of the mark shall be registered and published with it. If the regulations are subsequently substantially altered, the amended text shall immediately be submitted to the Norwegian Industrial Property Office for to registration and publishing.
§ 23. Deficiencies in an application
If the application does not meet the conditions in Section 20, the Norwegian Industrial Property Office shall notify the applicant hereof and provide information about the possible effects of the deficiencies. The applicant shall be given a reasonable time limit to respond and, if possible, remedy the deficiencies.
If the deficiencies are remedied within the time limit prescribed by the Norwegian Industrial Property Office, the application shall be considered to have been filed on the date on which it was received by the Norwegian Industrial Property Office. However, the application is not considered to have been filed until the representation of the trademark and the list of the goods or services for which the trademark is to be registered have been received by the Norwegian Industrial Property Office.
If the applicant has not commented on or remedied the deficiencies before the time limit expires, the application shall be shelved.
The processing of a shelved application shall be resumed if the applicant responds to or remedies the deficiencies within two months after the expiry of the time limit. The stipulated fee shall be paid. The processing of an application can only be resumed once.
§ 24. Refusal
If the application has deficiencies that are not remedied according to Section 23, the application shall be refused unless the Norwegian Industrial Property Office considers that the applicant should be given a new time limit for correction.
§ 25. Access to the documents in an application case
Anyone may, as from the date of application, demand access to the application, including the enclosures and all the documents pertaining to the case, unless specified otherwise in paragraphs two and three.
Information on business secrets may be excluded from public access if the applicant so requests. When such a request has been filed, the information will not be available to the public before the request has been refused by a final decision. Information that is significant to whether the trademark can be registered or to the scope of the trademark right may not be excluded from public access. The regulations for use of a collective mark may not be excluded from public access. Section 12 of the Norwegian Freedom of Information Act applies correspondingly.
Documents prepared by the Norwegian Industrial Property Office for its internal case preparation may be excluded from public access.
Chapter 3. Opposition and Cancellation
§ 26. Opposition
When the registration of a trademark is published, any person may file an opposition to the registration. An opposition shall be filed in writing and shall be received by the Norwegian Industrial Property Office within three months of the date of publication.
The opposition shall include: The opposition shall also meet the requirements set forth by the King in regulations.
When an opposition has been received by the Norwegian Industrial Property Office, it shall be recorded in the Trademark Register and a notice thereof published.
§ 27. Processing of oppositions
If the opposition does not meet the conditions in Section 26, the Norwegian Industrial Property Office shall set a reasonable time limit to comment on it and, if possible, remedy the deficiencies. If the deficiencies are not remedied before the expiry of the time limit, the opposition shall be rejected, unless the Norwegian Industrial Property Office considers that a new time limit should be set for correction.
The trademark proprietor shall be notified of the opposition as soon as possible and be given the opportunity to comment.
If two or more oppositions have been filed to the same registration, the Norwegian Industrial Property Office may join the cases as one case if no reasoned objection to this is made.
Norwegian title: Lov om varemerker.
Entry into force: July 1, 2010.
The Table of Contents is not a part of the Act. It has been included for the purposes of
information.
Table of Contents
Chapter 2. National application for registration of a trademark §§12-25.
Chapter 3. Opposition and Cancellation §§26-31.
Chapter 4. Duration of the Trademark Registration. Trademark Alteration §§32-34.
Chapter 5. Review, Invalidity and Deletion §§35-48.
Chapter 6. Appeal and Legal Proceedings §49-52.
Chapter 7. Assignment and Licence, etc. §§53-56.
Chapter 8. Sanctions against Trademark Infringement §§57-61.
Chapter 9. Provisions in Respect of Legal Proceedings §§62-65.
Chapter 10. International Registration of Trademarks §§66-76.
Chapter 11. Miscellaneous Provisions §§77-82.
Chapter 12. Final Provisions §§83-84