Norway Trademark Registration

Norway is a “first to file” jurisdiction, so registration is mandatory to obtain rights over a trademark. Only in exceptional cases can unregistered trademarks be protected, and then only when they have been extensively used.

Trademark applications must be filed with the Norwegian Industrial Property Office PATENTSTYRET. A Norwegian trademark registration also covers Svalbard and Jan Mayen.

It is not necessary for the trademark to be in use in Norway in order for it to register. However, prior use can be helpful, as it may serve to overcome objections based on lack of distinctiveness by proving that the trademark has acquired distinctiveness through use.

If you register a combined trademark (containing both word and figurative elements) in Norway, the exclusive right is limited to the exact configuration in which it was filed and registered. If you want to use the word element separately from the logo (or vice versa), it is advisable to file an additional application for a mark that includes only the elements you wish to use and protect independently.

To register a trademark in Norway, you will generally need:

• Scanned copy of a signed Power of Attorney. No notarization or legalization required.
• The name or logo you want to register
• The applicant’s details

Your iGERENT consultant will confirm the exact requirements for your case and guide you through each step.

The average application process takes 5 months.

This is an estimated processing time for straightforward cases based on current timeframes for applications. It may vary considerably.

Once registered, trademarks in Norway are valid for 10 years from the application date.

They can be renewed indefinitely for additional periods of ten (10) years. Renewal can be requested:

• As early as twelve (12) months and one day before the expiration date, and
• During a grace period of six (6) months after the expiration date, subject to payment of a late renewal fee.

After registration, the trademark is published in the official trademarks journal. From that publication date, third parties have three (3) months to file post-registration opposition (cancellation) actions. The likelihood of success will depend on the facts of each case.

There are two relevant stages:

1. Before registration:
   If a third party attempts to register a mark that includes a primary or distinctive part of your trademark for similar goods or services, you have the right to send a protest to the trademarks office. Although this is not a formal opposition procedure, it serves to inform the office of your prior rights and ensures that you will receive notification if the conflicting trademark is registered.

2. After registration:
   Once the trademark has been registered and published in the official trademarks journal, third parties have three (3) months to file post-registration opposition (cancellation) actions. The probabilities of success vary depending on the circumstances of each case.

A trademark does not need to be in use in order to be registered in Norway.

However, if the trademark is not used for a continuous period of five (5) years after registration, it becomes vulnerable to cancellation actions based on non-use. This means that, although use is not a condition for registration, maintaining genuine use is important to preserve the registration.

Norway recognizes three-dimensional (3D) trademarks through the Norwegian Industrial Property Office (NIPO).

For 3D trademark registration:

• The shape must be distinctive and capable of distinguishing the goods or services from those of other undertakings.
• Non-functionality is essential: the shape cannot be determined solely by the technical result it achieves.
• Applications must include clear graphical representations or photographs showing the mark from different angles so that its distinctive features are visible.
• If the 3D mark lacks inherent distinctiveness, evidence of acquired distinctiveness through use in the Norwegian market may be required.

The Norwegian Industrial Property Office provides detailed guidelines for 3D trademark applications.