Global Trademark GO - Norway——Introduction to Norwegian Trademark Application

In Norway, traditional trademarks such as word trademarks, graphic trademarks and joint trademarks can be applied for words, names, logos, graphics, images, letters, numbers, packaging, sounds and their combinations, and only trademark applications for one mark and one class are accepted. In addition to traditional trademarks, you can also apply for non-traditional trademarks such as sound trademarks and three-dimensional trademarks.

1. Trademark authority

• Norwegian Industrial Property Office, NIPO
• Website: www.patentstyret.no
• Trademark search: search.patentstyret.no

2. How to apply for trademark registration

• electronic submission

3. Trademark registration application language

• Trademark applications and lists of goods and services must be submitted in Norwegian. Other documents may be in Norwegian, Swedish, Danish or English. However, all documents issued by the Norwegian Industrial Property Office (NIPO) are in Norwegian.

4. Documents required for trademark registration application

• The name of at least one applicant
• For word trademarks, the printed letter trademark should be submitted, and for graphic trademarks or combination trademarks, the trademark pattern should be submitted.
• Documents related to Norwegian trademark application and list of goods and/or services
• The priority document is only required when the Norwegian Trademark Office requests it. The deadline for submitting a copy of the priority document is within 3 months after receiving the notification.
• power of attorney

5. Norwegian trademark registration application process

• After NIPO conducts a formal review of the Norwegian trademark registration application, it will be published in the Norwegian Trademark Gazette. For defects in the registration process, the trademark applicant has up to 3 months to respond. An opposition request can be submitted within 3 months from the date of publication in the Trademark Gazette.

6. Documents required for trademark change/transfer

• Name/address change information
• power of attorney
• transfer agreement
• Trademark registration certificate

7. Trademark cancellation

• If a registered trademark in Norway has not been used for five consecutive years, anyone can request cancellation of the registered trademark.

8. Trademark objections

• Within 3 months from the date of publication in the Trademark Gazette, anyone can file an objection request against the published trademark.

9. Authorization, validity period and trademark renewal

• Norway does not charge licensing fees. Registration certificates are issued electronically. The validity period of a Norwegian trademark is 10 years from the date of application. Renewal fees are required every 10 years, and there is no limit to the number of renewals. Trademark renewal requests should be submitted during the last year of the current 10-year trademark validity period. There is a 6-month grace period, but late fees apply.

10. Average time for trademark authorization

• If the trademark registration goes smoothly, the average trademark registration time in Norway is 12-18 months.

11. Other matters needing attention

• When claiming or maintaining rights to a registered trademark through "use", the trademark should be actually used on the registered goods/services;
• The use authorized by the registered trademark owner to others shall be deemed as actual use;
• If the actual use of the trademark is inconsistent with the registered trademark and the distinctive features of the registered trademark have not been changed, the registered trademark will be deemed to have been actually used;
• The rights of a trademark that has been restored to use after 5 years of registration can be maintained, but the use within 3 months before the submission of a "non-use cancellation application" by others should not be deemed to have been actually used; at the same time, the trademark owner only intends to initiate rights protection actions or If it is decided to put it into use in response to the cancellation action, it shall not be deemed to have been actually used.
• In March 2023, the new revision of the Norwegian Trademark Law will take effect. Black and white graphic trademarks will only protect black and white colors, and will no longer cover the protection of other colors. In the opposition/invalidation procedure, the respondent can based on the prior objections and invalidation requesters. The lack of real use of the trademark can be used as a defense; both registered trademarks and trademarks under application can be pledged, etc.
• Starting from March 1, 2023, the official fee for the designation of Norway through the Madrid route has changed. The application fee for new applications or subsequent designation of Norway is 280 Swiss francs for the first category, and the category surcharge is 72 Swiss francs per category. The application fee for a collective mark or certification mark is CHF 386 for the first class and a class surcharge of CHF 159 per class. The renewal fee is CHF 251 for the first category and the category surcharge is CHF 97 per category. The application fee for a collective mark or certification mark is CHF 497 for the first class and a class surcharge of CHF 203 per class.