Overview of Norway Trademark Registration Service

Background

The country is richly endowed with natural resources including petroleum, hydropower, fish, forests, and minerals. Large reserves of petroleum and natural gas were discovered in the 1960s, which led to a continuing boom in the economy. Norway has obtained one of the highest standards of living in the world in part by having a large amount of natural resources compared to the size of the population. The Norwegian welfare state makes public health care free, and parents have 12 months paid parental leave. The income that the state receives from natural resources includes a significant contribution from petroleum production and the substantial and well-managed income related to this sector. Norway also has a very low unemployment rate, currently 3,1% (December 2009). The hourly productivity levels, as well as average hourly wages in Norway are among the highest in the world. The egalitarian values of the Norwegian society ensure that the wage difference between the lowest paid worker and the CEO of most companies is much smaller than in comparable western economies. This is also evident in Norway's low Gini coefficient.

Who May Apply?

Natural and legal persons. may apply. A Norwegian agent is compulsory for foreigners.

What Can Be Registered?

A trademark may consist of words, slogans, names, logos, figures and images, letters, numbers, sounds, or a combination of these, and goods accessories and packaging for a product. A trademark can only be registered if it enables the applicant's goods or services to differ from those of others. The trademark must also not likely be leading to confusion with another trademark or company name. If the trademark is considered to lack distinctiveness, the applicant can file evidence of use showing that it is established by use. A trademark is considered to be established by use when it is well known within the circle of trade concerned in Norway as a distinctive sign for someone's goods. Trademarks may be registered in any language; no translation is required. Applicants may not apply for registration for more than one trademark in the same application.

What Cannot Be Registered?

A trademark may not be registered if: (a) it is contrary to law or public order or is apt to cause offence; (b) it is apt to deceive; (c) without authorization by the competent authorities, it includes official coats-of-arms, flags, or other official emblems or badges, including official national or foreign certification or hallmarks or stamps required for goods identical with or similar to those for which registration is applied, or coats-of-arms, flags, or other emblems, abbreviations, or designations of intergovernmental organizations, or any international mark, seal, or sign the unauthorized use of which is forbidden by law. Nor shall the trademark be registered if it contains anything liable to be confused with such emblems or badges, etc., as referred to in this section. Foreign emblems or badges, etc., with the exception of flags of States, shall nevertheless not prevent registration until they have been published in a notice in the publication issued by the Norwegian Patent Office; (d) it contains anything liable to be understood as another person's business name or as another person's name or portrait and which does not obviously refer to a person long deceased; (e) it contains anything liable to be understood as the distinguishing title of the protected artistic, literary, or musical work of another person, or infringes the copyright to such work or the photography or design rights of another person; (0 it is liable to be confused with the name or business name of another person or with a trademark registered for another person in accordance with a prior application, or which was established by use for another person at the time when the application for registration was filed; (g) it is liable to be confused with a trademark which someone else has started to use before the applicant, and the applicant was aware of this use when helshe filed hisker application for registration; or (h) it is liable to be confused with an international registration of a trademark, provided that this registration is effective in Norway from an earlier date than the date of the filing of the application. Exceptions from the provisions (d) to (h) above may be made when consent is given by the proprietor of the prior right, and there is no other obstacle to registration.

Rights

Any person engaged in commerce is entitled to use hisher name or the name of hisher business as a distinguishing mark for his goods, provided that it is not likely to cause confusion with a protected mark of others.

Filing Requirements

The following items are required for applications for registration: (1) name, nationality and address of the applicant; (2) power of attorney (general powers of attorney permitted), may be post filed; (3) ten prints not exceeding 7.5 x 7.5 cm, prints are not required for ordinary word marks; (4) certified copy of a priority document is, as a rule, not required; and (5) priority information. The claim of priority shall be included in the application or filed in writing before the Patent Office no later than within two months after the application of the trademark has been filed in Norway. The claim shall be accompanied by information with respect to: (a) the state in which registration of the mark was first sought; (b) the filing date of the first application; and (c) the application number of this application, if known. The Patent Office may call for a verified translation into Norwegian of any document in other language.

Evaluation & Review

Applications for registration of trademarks must be filed at the Norwegian Patent Office in Oslo (Styret for det Industrielle Rettsvernl Patentstyret). Each application is examined as to the formality of the documents, the registrability of the mark, and as to the existence of prior conflicting registrations or applications.

Duration

Registration is effective for 10 years from the date of registration and is renewable for 10-year periods dating from the expiration of the preceding registration upon application made up to one year before or six months (with fine) after the expiration of the registration period.

Use

Where the holder of a registered trademark has not used the trademark in Norway for the goods for which it is registered within five years from the date of registration, or if the use has been interrupted for five consecutive years, the registration may be expunged from the Trademark Register by a court ruling, unless there are reasonable grounds for nonuse. Use of a mark includes use of the mark in a form that differs from the form in which it is registered in details that do not affect its distinctiveness.

Domain Names

It is possible to register domain names under the gTld, ".no."

Enforcement

No provision.