Why and how to register a trademark in Norway

In Norway, trademark registration is mandatory to be granted rights over a trademark, as it is a "first to file" jurisdiction. Only in some exceptional cases can an unregistered trademark be protected, in case they have been extensively used. The trademark applications must be filed with the Norwegian Industrial Property Office (PATENTSTYRET).

Norway is a member state to the Madrid Protocol. Thus, the extension of an international registration of a trademark via the Madrid System is possible for this country. For further information regarding our services for trademark filing through the Madrid System click here.

A registered trademark in Norway grants protection in Svalbard and Jan Mayen.

It is not necessary for a trademark to be in use in Norway in order for it to register. However, prior use may be useful as it can help overcome an objection raised on the grounds of lack of distinctiveness, by proving that the trademark has acquired distinctiveness.

If you register a combined trademark (which includes both word elements and figurative elements) in Norway, the exclusive right to use the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.

Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to send a protest to the trademarks office. Although this is not a formal opposition process, it serves to inform the trademarks office, and also means that the protester will receive notification when the trademark registers.

After the trademark has registered, it will be published in the official trademarks journal, after which third parties will have a period of three (3) months in which they can file post-registration opposition actions. The probabilities of success for an opposition will vary in each case depending on the circumstances.

Although a trademark does not have to be in use in order for it to register, it must not go unused for periods of five years or it will become vulnerable to cancellation actions based on lack of use of the trademark.

Registered trademarks in Norway have a validity of ten (10) years from the application date and can be renewed indefinitely for further periods of ten (10) years. The trademark renewal can be requested as early as twelve (12) months and one day before the expiration date. It can also be requested during the grace period of six (6) months after expiration, upon payment of a late renewal fee.

 

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