Trademark in Norway |

Trademark in Norway

Norway's filing requirements

In Norway, multiple class trademark applications are allowed. The list of goods and/or services and the application must be submitted in Norwegian. Other supporting documentation may be submitted in English, Norwegian, Danish, or Swedish. If the application is submitted in a language other than Norwegian, the Norwegian Industrial Property Office may require a translation into Norwegian, which must be provided within the deadline specified in the appropriate Notice. A trademark application in Norway must at the very least include the following information to get the date of filing-
The applicant's name and address;
A representation of the trademark;
A list of the goods and/or services in Norwegian; and

Details of any priority claims (country, application number and filing date).
Generally speaking, no Priority Document is required. At the examination stage, the Norwegian Industrial Property Office may ask for a certified copy of the priority document; this copy must be sent within three months of receiving the related notification.
The applicant must sign the application form, and the representative must include their name and address in a separate Power of Attorney. It may be offered concurrently with the application's filing or after the Trademark Office receives the appropriate request. The Power of Attorney does not need to be notarized or legalized. In Norway, it typically takes 5-7 months from filing to registration of a trademark to get one’s trademark registered.

Norway trademark application publication, opposition, and review

In Norway, trademark applications are reviewed for formal requirements compliance, distinctiveness, and potential trademark conflict. Within three months of the registration's publication date, an opposition to a Norwegian trademark registration must be filed.

Grant, duration of validity, and renewal of a trademark

Norwegian trademarks are not subject to any formal award fees. Electronic means are used to issue the Certificate of Registration. In Norway, a trademark is good for ten years after it is filed. A ten-year renewal fee is required to extend the validity indefinitely. The final year of the current 10-year trademark validity period should be used to submit the renewal request. This period may be extended for an additional fee of six months.

Preliminary Rejection

Applicants have three months from the day the office issues the rejection to file a response to the provisional refusal of an international registration in Norway. It is possible to ask for a time extension. The reply is given in either Norwegian, English, Danish, or Swedish. It is advised that applicants choose a local representative to file a response.

Within three months of submitting the response, the Office allows for requesting a modification or submitting an appeal to the provisional denial. It is also possible to challenge the Office's ultimate judgment to deny protection to the Norwegian Board of Appeal for Industrial Property Rights.

Use condition

In Norway, the legality of a trademark may be questioned on the grounds of non-use within five years of the registration date, or five years following the expiration of the opposition period.

Using a trademark attorney as representation

It is advised for international applicants to use an agent, a licensed Norwegian trademark attorney, to complete trademark registration in Norway.

Procedure behind registration

What is registerable?

In the marketplace, your trademark must be noticeable. Exclusive rights to words or images that simply depict your goods cannot be obtained. Your trademark must be distinctive and original in order to be registered.
The trademark must not be comparable to any already-registered trademarks for the same or related goods. If your competitors are in the same industry or business sector as you are, you may use our search engine to determine if they have registered trademarks that are similar to yours. Additionally, you can use navnesok.no to perform a search that includes domain name, company name, and trademark checks.
About 30% of applications are denied by the Norwegian Industrial Property Office (NIPO) because the trademarks are not distinctive enough or because another party has already registered a trademark that is comparable.

Trademark types
You must decide whether you want to file for a plain text trademark or a trademark with a logo or figure. This could have an impact on your ability to register your trademark and the level of protection you get. You may submit applications for various trademark kinds, however keep in mind that you may only submit one mark per application. The most typical kinds are-
Word mark- This grant you exclusive use of one or more words. If you own the rights to a word mark, you are free to use it in a variety of formats.
Figurative mark- allows you exclusive ownership of a symbol or image without text.
Combined mark- grants you exclusive ownership of a text-and-figure combination. In this instance, you are granted rights to the entire mark rather than just the text or logo by itself.

Only one mark may be registered at a time in a single application. To apply, select "Start or continue trademark application" by clicking the green button located at the bottom left.

Choose the products
You must choose the products (goods and services) for which the trademark will be used when submitting an application for trademark registration. You only have exclusive rights over the products you select. Products are separated into a system of worldwide classes. Class 1-34 pertains to products, while Class 35-45 pertains to services.
Pay attention to the following-
If a product has many purposes or is made of various materials, it may fall under more than one class (such as safety gloves and normal gloves).
If you are selling your own products, you might select to submit an application for just one category, such as "Class 25: Clothes." The exclusive right you are granted upon registration includes the right to sell and market the product.
Are you selling other people's products or are you providing a service to others, such as "hair care"? The next step is to select a service class.
In Norway and the EU, you can select general phrases like "clothes" or "pharmaceutical products." "Pants" and "heart medication" are not need to be specified. The service of "selling of commodities to others" is an exception to this rule. In this situation, you must be specific about the goods you are selling (sale of clothing, toys or sporting goods). Some nations, like the United States, constantly demand a more thorough product specification.
Once you have submitted your application, you cannot add more products. Therefore, it is crucial to carefully evaluate whatever goods you intend to use the trademark for both now and later.

Why file for trademark protection?
A trademark is a name, logo, or other distinctive symbol that distinguishes your products and services from others'. Customers are more likely to recognize and select your items again if you have a trademark since they stand out from those of your rivals.
If you register your trademark, you will have proof that you are its owner and you can prevent others from using a name or logo that is confusingly similar to yours. With a trademark registration, you are more powerful should a dispute arise. If you register a trademark, you may receive the following benefits-
A sole right that allows you to stop imitation and copying
Improved access to capital from investors and government agencies, as well as more value for goods and businesses.
Improved foundation for license and partnership agreements
The most valuable resource in your company can be your trademark!

What is the price?
A trademark registration application contains three classes and costs 2900 NOK. Even if the application is refused or withdrawn, the application fee, which we use to process it, is nonrefundable.
A cost of NOK 750 per extra class must be paid if you select more than three categories of products or services (the price is calculated along the way as you complete the application). Within the same class, you can choose from a number of items.

The submission procedure
0 month
Complete the form and submit it to us. Application materials must include-
Trademarks and associated goods
Power of attorney
Name of trademark owner (if you apply on behalf of others)

0-3 days
The public will see your application. We will post your application and any pertinent documents in the Trademark Register section of our website. You can request that we keep business secrets private. In the application or attachments, make sure to explicitly mark the information from which you wish to be exempt. The information will then be evaluated to see if it can be kept private.

0-3 weeks
If the application has errors or other barriers to registration, we either register the trademark or get in touch with you. The application is evaluated and checked out. You will receive a letter of registration and we will publish the registration in the Norwegian Trademarks Gazette if the trademark can be registered. Registration certificates may take some time to arrive. You can check the progress of your application in our Search Service if you haven't heard from us after three weeks. Additionally, you can configure an alert to follow your case. We will get in touch with you through phone or writing if the application does not adhere to the Trademarks Act's standards. You will be given a timeframe of one to three months to reply to the letter.

Three months after publication
If the application is accepted then any criticisms from other parties will be entertained. Within three months of the day your trademark was published in the Norwegian Trademarks Gazette, a third party may file a complaint opposing its registration. By doing this, you are informing the Norwegian Industrial Property Office (NIPO) of the reasons why your trademark cannot be registered. If this occurs, you will be made aware of it and given the chance to object. The objection can lead to a whole or partial cancellation of the registration.

0 to 3 months
If you have received a letter from NIPO, please respond to it as soon as possible. It's crucial that you follow the deadlines listed in the letters you get from us. We will reject your application if you do not reply to our mail within the specified time frame. Please get in touch with us if you have any inquiries.

0 to 9 months
We will reevaluate the application once we acquire a letter from you. We will register the trademark and make it public by publishing the registration in the Norwegian Trademarks Gazette if everything is in order. We will send you another letter if the trademark continues to violate the Trademark Act. Before the Norwegian Industrial Property Office takes a decision, you have another opportunity to remark on the situation. The Norwegian Board of Appeal for Industrial Property Rights is our appeals body where you can contest the final judgment (kfir.no).

Three months after publication
Within three months of the day your trademark was published in the Norwegian Trademarks Gazette, a third party may file a complaint opposing its registration. By doing this, you are informing the Norwegian Industrial Property Office (NIPO) of the reasons why your trademark cannot be registered. If this occurs, you will be made aware of it and given the chance to object. The objection can lead to a whole or partial cancellation of the registration.

0 to 6 months
If you want to submit your application is other countries as well, you must do so within six months of the application filing date in order to maintain your Norwegian application's filing date (date of priority).

5 years
Within five years after the date of registration, you must utilize the trademark for the goods that are crucial to your company. You are not required to utilize the trademark, but you risk losing your exclusive right entirely or in part if someone can show that you haven't used it for all or some of the goods you've registered it for.

10 years
Every ten years, the trademark may be renewed. To keep the trademark listed in the Trademark Register, you must pay a renewal fee.

Trademark filings in other nations
A trademark registration in Norway is only good there. Therefore, you need submit registration requests for your trademark in each nation where you intend to use it commercially as well as in the nation where you plan to manufacture your goods. You have the following options if you want to register your trademark abroad-
Apply to each nation separately;
Use the Madrid Protocol; and
Submit an application for an EU trademark.
The product selector will help you find internationally accepted terms for goods and services. If you apply in Norway first, you can keep the same filing date (priority date) when you apply internationally, as long as you apply within six months from the date you filed your application to the Norwegian Industrial Property Office (NIPO). Examine the product picker in greater detail.

Do you need assistance?
Contact us to speak with an advisor or a case manager if you have any queries concerning the trademark registration application process. Before you submit your application, we can do a discreet preliminary search inquiry to see whether your name or logo is eligible for trademark registration in Norway. This service is for a fee.
We advise speaking with a qualified advisor or patent agent if you have concerns about how to create your IPR strategy. They can also assist you if you run into problems with your application and can offer helpful guidance if you want to register a trademark abroad.
No personal ID number in Norway?
For clients without a national ID number, the Norwegian Industrial Property Office (NIPO) provides a secure electronic option. Send us applications and correspondence electronically.
Have you just sent an application or have you previously started one?
Applications: You can search for both draft and recently filed applications. The receipt will then be accessible here. After your application has been submitted, all future communications between you and NIPO regarding the application process will happen online. Both in your Altinn message box and under "My Messages," all correspondence will be accessible.

Fees

A- Trademark fee for applications
There is an application cost that you must pay in order to register your trademark. Even if the application is refused or withdrawn, the application fee, which we use to process it, is nonrefundable.
NOK 2900 for the application fee, which covers enrollment in up to three classes.
There is a NOK 750 surcharge for each additional class after three.
Additional classes and classification information
Fee for trademark renewal
After the application date, your registration is valid for 10 years. Every ten years, you are permitted an unlimited number of registration renewals. We won't send you an invoice for these costs; instead, we'll provide you 2 months' notice before your registration expires.
Up to three classes may be renewed for 2600 NOK.
An extra fee of NOK 1000 is charged for each class that is more than three;
NOK 550 is charged for late payment of the renewal fee.
Various costs - trademarks
Changing a registered trademark requires a NOK 1200 application, and opposing a registered trademark is free.
NOK 4,000 for administrative review of a trademark
An application may be divided into up to three classes for a charge of NOK 2900, and there is an additional fee of NOK 750 for each class beyond three.
Resumption fees are NOK 550, and notification of ownership changes is free.
Free notification of name and address changes
We'll send you an invoice for these costs.
B- International trademark registration
A clearance charge of NOK 800 must be paid to the Norwegian Industrial Property Office for the handling of a trademark registration application abroad. A bill will be delivered.
Other payments are payable to WIPO Collective Mark directly in connection with an overseas application (Madrid Protocol).
C- Fee for collective mark applications
There is an application cost that must be paid in order to register your collective mark.
Registration for up to three classes and the application cost is NOK 4,000.
There is a NOK 1650 surcharge for each additional class after three.
Fee for renewal -collective marks
A collective mark registration is valid for ten years following the application date. Every ten years, registration may be renewed an infinite number of times. We won't send you an invoice for these costs; instead, we'll provide you 2 months' notice before your registration expires.
Up to three classes may be renewed for 5150 NOK.
A cost of NOK 2100 is added for each additional class after three.
NOK 1200 extra cost for paying renewal fees after the deadline
D- Fee for responsibility marks applications
You must pay an application cost when registering your responsibility mark.
NOK 1,000 for application and registration

Renewal fee for responsibility marks
After the date of registration, your registration for a responsibility mark is valid for 10 years. Every ten years, registration may be renewed an infinite number of times. We won't send you an invoice for these costs; instead, we'll provide you 2 months' notice before your registration expires. The following fees apply-
Renewal Fee: NOK 700
Late Payment Fee: NOK 300
The Responsibility marks regulation is in Norwegian: Research paper on the registration of risk-markers (Lovdata)
Additional costs - responsibility marks
The administrative review charge for registering a responsibility mark is NOK 2500, and
The reinstatement fee is NOK 500.
We'll send you an invoice for these costs.

FAQ

What is the process for trademark registration in Norway?
The simplest method of submitting a trademark application is by using the application guide on the website of the Norwegian Industrial Property Office. You can complete your application in writing, submit it, pay the money, and receive a receipt all at once. Alternately, you can use Altinn to submit your application online.
Does Norway fall under an EU trademark?
Even though Norway is not a part of the EU, its trademark laws are essentially in line with and compliant with the EU Trademark Directive.

Can foreigners establish a business in Norway?
Every foreign business that needs a Norwegian organization number must register as a foreign company with Norwegian registration (NUF). Operations in Norway are handled by the foreign corporation.

What does an EU trademark cost?
For €850, the mandatory cost includes one class. A fee of €50 is charged for the second class of goods and services. Each lesson costs €150 if there are three or more classes.

Does Norway abide by EU laws?
The foundation of the relationship between Norway and the EU is the European Economic Area (EEA) Agreement. The EEA agreement creates an internal market with the same fundamental rules for the 27 EU member states as well as the three EEA EFTA members of Norway, Iceland, and Liechtenstein.

Which EU nation has the simplest company registration process?
England is one of the simplest and most profitable countries in Europe to register a business since it is quick and, most significantly, inexpensive.

Which EU nation has the simplest company registration process?
England is one of the simplest and most profitable countries in Europe to register a business since it is quick and, most significantly, inexpensive.

Does Norway favor new businesses?
The Norway Startup Ecosystem is a leader in the region for innovation, is ranked 24th globally, and has improved 7 spots since 2021. In Western Europe, Norway is ranked number 13 for startups.

How can I trademark in the most affordable way?
Through the Trademark Electronic Application System of the USPTO, online registration is the quickest and least expensive option for trademark registration (TEAS). Keep in mind that each application is limited to one trademark registration.

How much is a trademark worth?
It is evident that trademarks can be extremely valuable. The trademark application process entails a few stages, but it is worthwhile. Determine what needs to be protected and confirm that no other businesses are utilizing same or similar logos, slogans, or brand names.

How can I register my name as a trademark globally?
There are two methods you can use to submit your files in order to register your trademark abroad. One is by using the Madrid Protocol, and the other is by engaging a local lawyer in each nation where you want rights and having that lawyer submit the application on your behalf.

Which nation should I choose to register my trademark?
When deciding whether to register your trademark in a particular jurisdiction, the most important factor to consider is whether you do business there. You should probably apply for registration in that nation if you are selling products or services connected to the trademark in any amount.

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