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FAQ

1: How do I register a trademark in Norway?

To register a trademark in Norway, you must file an application with the Norwegian Industrial Property Office (NIPO).

 

Norway allows multi-class applications, so one application can cover multiple classes of goods/services.

 

After filing, NIPO ex officio examines the application on both absolute grounds (such as distinctiveness) and relative grounds (conflicts with earlier trademarks).

 

If the mark meets the requirements and no conflicts are found, NIPO will accept the application and publish the registration in the official gazette. Once published, there is a three (3) month opposition period during which third parties can challenge the registration.

 

If no opposition is filed (or any opposition is overcome), the trademark remains registered in Norway. In summary, the process involves:

 

  1. Application – Prepare and submit a trademark application to NIPO (with all required details and a Norwegian goods/services list),
  2. Examination – NIPO reviews formalities and checks that the mark is distinctive and not confusingly similar to prior marks
  3. Registration & Publication – If approved, the mark is registered and published for opposition (open to challenges for 3 months)
  4. Finalization – If no opposition is lodged (or once resolved), your trademark protection in Norway is confirmed through a registration certificate.

 

Prior to or during this process, it’s advisable to seek Norwegian local counsel such as STOUD for strategic guidance, and to consider conducting a trademark search to identify potential conflicts and confirm that your mark satisfies Norwegian requirements.

2: Do I need a local Norwegian trademark attorney to file a trademark?

Not formally, but it is highly recommended.

 

Norway does not require foreign applicants to appoint a local trademark agent for filing, However, in practice, engaging a local Norwegian trademark attorney is very beneficial. NIPO issues correspondence (office actions, decisions) in Norwegian, and local attorneys are familiar with Norwegian law and practice. In fact, for foreign applicants it’s strongly recommended to file through a registered Norwegian trademark agent to handle translations, procedural steps, and to effectively respond to any objections.

 

A local attorney, such as STOUD, will ensure the application meets Norwegian formalities and can communicate with NIPO on your behalf, making the process much smoother.

3: On what grounds can a trademark be refused in Norway?

Norwegian law provides both absolute grounds and relative grounds for refusing a trademark application. 

 

A trademark will be refused on absolute grounds in Norway if it lacks distinctiveness or is merely descriptive/generic for the goods/services (for example, a term that simply describes the product’s characteristics). Marks that are deceptive or contrary to public order or morality are also barred.

 

NIPO examines relative grounds ex officio, meaning the office will refuse a trademark if it finds a confusingly similar earlier trademark on the register. This is different from some jurisdictions (like the EUIPO, which leaves it up to third parties themselves to claim likelihood of confusion).

 

In practice, common reasons for refusal include:

 

  • Descriptive or Non-Distinctive Marks – Marks that simply describe the goods/services or lack any distinctive character (e.g. laudatory terms, generic names).
  • Conflicts with Earlier Marks – If the applied mark is identical or too similar to an existing registered mark in Norway for overlapping goods/services, NIPO will cite it and refuse registration due to likelihood of confusion.
  • Misleading or Contrary to Law – Marks that could deceive consumers or marks that violate public order, morality, or contain official symbols without authorization.
  • Bad Faith – If an application is found to be filed in bad faith (for example, applying for a mark that one knows is actually used by someone else), it can be refused under the Norwegian Trademarks Act. 
  • The need to make amendments to goods and services to comply with local language standards.

 

Many refusals in Norway can be overcome by argument or modifying the application. STOUD assists both Norwegian and international clients in these instances.

4: How can I overcome a trademark refusal by NIPO?

If NIPO issues a rejection or preliminary refusal, you typically have an opportunity to respond in writing with arguments or evidence to overcome the issues raised by the examiner. The NIPO is generally open to several rounds of correspondence, if needed. You can submit arguments against the refusal, evidence of acquired distinctiveness or propose limitations to goods/services. The response deadlines can be extended (usually in 6-month increments up to two times), allowing time for consideration or negotiation with third parties if applicable. 

 

If, despite your responses, NIPO issues a final refusal, you have the right to appeal the decision to the Norwegian Board of Appeal for Industrial Property Rights (KFIR). The appeal must be filed within 2 months from the date NIPO sent the final decision. The Board of Appeal will then review the case, usually in a written procedure, and make a decision. 

 

If you disagree with the Board of Appeal’s decision in a refusal case, a further appeal to the courts is possible. Specifically, you can bring the case to the Oslo District Court within 2 months of the Board’s decision.

 

In summary, the escalation path is: Examiner → (internal review) → Board of Appeal (KFIR) → Oslo Court. Each stage must be initiated within strict deadlines (generally 2 months for appeals).

 

Most importantly, engaging a qualified Norwegian IP attorney, such as STOUD, is crucial. They can draft persuasive arguments in Norwegian and navigate the legal standards that the Board or court will expect. Many refusals (especially on descriptiveness or confusion) can be successfully overturned with strong arguments or new evidence (for example, proof of acquired distinctiveness or coexistence agreements with the owners of cited trademarks).

5: Does an EU Trademark (EUTM) cover Norway?

No, an EUTM does not cover Norway as it is not part of the European Union. If you have an EUTM registration and you want trademark protection in Norway, you will need to obtain a separate protection in Norway.

 

There are a couple of ways to secure trademark rights in Norway since EUTM won’t apply:

 

  1. National Norwegian Application: File a trademark application directly with the Norwegian Industrial Property Office (NIPO/Patentstyret) for protection in Norway, with or without priority.
  2. International Registration (Madrid Protocol): File an international application with a national basis application via WIPO’s Madrid System designating Norway.

 

Always plan a separate Norwegian registration if Norway is a market of interest, and seek advice through a professional trademark firm such as STOUD. 

6: Is there a trademark opposition process in Norway?

Yes, once a trademark is examined and registered by NIPO, it gets published in the official Trademarks Gazette (Norsk Varemerketidende). From the publication date of the registration, any third party has 3 months to file an opposition.

 

During this three (3) month opposition window, anyone who believes a mark should not have been registered can file an opposition to cancel the mark. Common reasons for opposition would be that your mark is confusingly similar to their earlier mark or company name, or that it’s descriptive or otherwise unregisterable.

 

Key points about Norwegian oppositions:

  • An opposition is a written procedure submitted to NIPO. The opponent needs to state the grounds and provide any evidence (for example, evidence of their prior rights or reputation).
  • NIPO will review the opposition and typically allow the parties (opponent and the trademark owner) to exchange arguments. The process can involve one or two rounds of pleadings (usually two from each side). After review, NIPO will issue a decision either upholding the registration (in whole or in part) or canceling it (in whole or in part).
  • If either party is dissatisfied with the outcome of the opposition, the decision can be appealed to the Board of Appeal (KFIR) within 2 months. 

 

There are no official fees in relation to an opposition, and the parties need to cover their own costs. 

In summary, if you’re a foreign company and discover a conflicting mark has been registered in Norway, the opposition procedure is your primary tool to challenge that registration within 3 months of publication. Beyond that period, other mechanisms such as administrative review must be used. Professional IP firms like STOUD can help monitor your trademarks and handle oppositions efficiently, ensuring that your brand protection strategy in Norway remains proactive rather than reactive

7: How can I cancel or invalidate a trademark registration in Norway?

If the three (3) month opposition window has passed, or if you have other grounds to challenge a trademark in Norway, you have options to cancel or invalidate a trademark registration:

 

Administrative Review (Cancellation) by NIPO: After the opposition period, anyone with legal interest can file a request with NIPO for an administrative invalidation (cancellation) of a trademark. This is essentially a post-registration opposition handled through NIPO and the Board of Appeal. You must submit a written request outlining the grounds for cancellation. Grounds can include all the same issues used for opposition (likelihood of confusion, non-distinctive or descriptive mark, registered in bad faith, etc.), and additionally some grounds specific to post-registration status such as canceling a trademark due to non-use. An administrative cancellation is a useful, relatively cost-effective way to remove a trademark without going to court. NIPO’s decision on such a request can be appealed to the Board of Appeal (KFIR) if needed.

 

Court Action: The Norwegian legal system also allows you to file a lawsuit to invalidate a trademark, specifically Oslo District Court which has jurisdiction over IP cases. Notably, decisions of the Board of Appeal or NIPO on validity can be further appealed to the Oslo District

 

In summary, even after registration, trademarks are not “untouchable” – they can be challenged. If you discover a Norwegian trademark that conflicts with your rights or is blocking your application, we at STOUD can assist you in any of these proceedings mentioned above.

8: How long does a trademark registration last in Norway, and how do I renew it?

In Norway, a trademark registration is valid for 10 years from its filing date (for applications filed on or after July 1, 2010). To maintain protection, the registration must be renewed every 10 years. There is no limit on how many times you can renew. Effectively, a trademark can be kept alive indefinitely as long as renewal fees are paid each decade

 

It’s important to docket your renewal deadlines. Many companies use local agents or IP management services, like STOUD, to keep track of their local renewals. We also recommend our client to record their trademarks with a local representative such as STOUD, in order to keep their registrations alive.

9: Is trademark use required in Norway (can my trademark risk being canceled for non-use)?

Yes, Norway has a use requirement for registered trademarks. If you do not use your trademark in Norway, it can become vulnerable to cancellation for non-use. Specifically, under Norwegian law, a trademark may be challenged and canceled if it has not been genuinely used within 5 years from the final registration date. “Genuine use” means real commercial use of the mark as a source identifier. 

 

If you registered your trademark for a broad list of goods/services but ended up using it only on some of them, a non-use challenge can result in partial cancellation. That means the mark could remain registered only for the goods/services for which it has been proven used for, and be removed for the others.

 

If you ever face a non-use cancellation action, you must be able to provide evidence of genuine use, such as sales figures, advertisements, or invoices. Keeping thorough documentation of your trademark’s use in Norway is therefore advisable, as well as contacting an experienced trademark firm such as STOUD.  

10: Are unregistered trademarks or prior use recognized in Norway?

Yes, to a limited extent. Norway is primarily a first-to-file country, meaning that ownership of a trademark is usually obtained by registration. However, Norwegian law does recognize unregistered trademark rights acquired through substantial use in Norway.

 

That said, relying on unregistered rights is riskier and more limited than having a registration. Proving an unregistered mark’s reputation can be an uphill battle (it requires substantial evidence of market penetration, advertising, sales numbers, etc.). Therefore, the best practice is to use a professional firm like STOUD to assist you with registering your rights in Norway, and not relying on unregistered rights. Registration provides clarity and strong legal presumptions of rights, whereas unregistered rights could lead to disputes about “who used what first” and the extent of recognition.

FAQ

1: How do I register a trademark in Norway?

To register a trademark in Norway, you must file an application with the Norwegian Industrial Property Office (NIPO).

 

Norway allows multi-class applications, so one application can cover multiple classes of goods/services.

 

After filing, NIPO ex officio examines the application on both absolute grounds (such as distinctiveness) and relative grounds (conflicts with earlier trademarks).

 

If the mark meets the requirements and no conflicts are found, NIPO will accept the application and publish the registration in the official gazette. Once published, there is a three (3) month opposition period during which third parties can challenge the registration.

 

If no opposition is filed (or any opposition is overcome), the trademark remains registered in Norway. In summary, the process involves:

 

  1. Application – Prepare and submit a trademark application to NIPO (with all required details and a Norwegian goods/services list),
  2. Examination – NIPO reviews formalities and checks that the mark is distinctive and not confusingly similar to prior marks
  3. Registration & Publication – If approved, the mark is registered and published for opposition (open to challenges for 3 months)
  4. Finalization – If no opposition is lodged (or once resolved), your trademark protection in Norway is confirmed through a registration certificate.

 

Prior to or during this process, it’s advisable to seek Norwegian local counsel such as STOUD for strategic guidance, and to consider conducting a trademark search to identify potential conflicts and confirm that your mark satisfies Norwegian requirements.

2: Do I need a local Norwegian trademark attorney to file a trademark?

Not formally, but it is highly recommended.

 

Norway does not require foreign applicants to appoint a local trademark agent for filing, However, in practice, engaging a local Norwegian trademark attorney is very beneficial. NIPO issues correspondence (office actions, decisions) in Norwegian, and local attorneys are familiar with Norwegian law and practice. In fact, for foreign applicants it’s strongly recommended to file through a registered Norwegian trademark agent to handle translations, procedural steps, and to effectively respond to any objections.

 

A local attorney, such as STOUD, will ensure the application meets Norwegian formalities and can communicate with NIPO on your behalf, making the process much smoother.

3: On what grounds can a trademark be refused in Norway?

Norwegian law provides both absolute grounds and relative grounds for refusing a trademark application. 

 

A trademark will be refused on absolute grounds in Norway if it lacks distinctiveness or is merely descriptive/generic for the goods/services (for example, a term that simply describes the product’s characteristics). Marks that are deceptive or contrary to public order or morality are also barred.

 

NIPO examines relative grounds ex officio, meaning the office will refuse a trademark if it finds a confusingly similar earlier trademark on the register. This is different from some jurisdictions (like the EUIPO, which leaves it up to third parties themselves to claim likelihood of confusion).

 

In practice, common reasons for refusal include:

 

  • Descriptive or Non-Distinctive Marks – Marks that simply describe the goods/services or lack any distinctive character (e.g. laudatory terms, generic names).
  • Conflicts with Earlier Marks – If the applied mark is identical or too similar to an existing registered mark in Norway for overlapping goods/services, NIPO will cite it and refuse registration due to likelihood of confusion.
  • Misleading or Contrary to Law – Marks that could deceive consumers or marks that violate public order, morality, or contain official symbols without authorization.
  • Bad Faith – If an application is found to be filed in bad faith (for example, applying for a mark that one knows is actually used by someone else), it can be refused under the Norwegian Trademarks Act. 
  • The need to make amendments to goods and services to comply with local language standards.

 

Many refusals in Norway can be overcome by argument or modifying the application. STOUD assists both Norwegian and international clients in these instances.

4: How can I overcome a trademark refusal by NIPO?

If NIPO issues a rejection or preliminary refusal, you typically have an opportunity to respond in writing with arguments or evidence to overcome the issues raised by the examiner. The NIPO is generally open to several rounds of correspondence, if needed. You can submit arguments against the refusal, evidence of acquired distinctiveness or propose limitations to goods/services. The response deadlines can be extended (usually in 6-month increments up to two times), allowing time for consideration or negotiation with third parties if applicable. 

 

If, despite your responses, NIPO issues a final refusal, you have the right to appeal the decision to the Norwegian Board of Appeal for Industrial Property Rights (KFIR). The appeal must be filed within 2 months from the date NIPO sent the final decision. The Board of Appeal will then review the case, usually in a written procedure, and make a decision. 

 

If you disagree with the Board of Appeal’s decision in a refusal case, a further appeal to the courts is possible. Specifically, you can bring the case to the Oslo District Court within 2 months of the Board’s decision.

 

In summary, the escalation path is: Examiner → (internal review) → Board of Appeal (KFIR) → Oslo Court. Each stage must be initiated within strict deadlines (generally 2 months for appeals).

 

Most importantly, engaging a qualified Norwegian IP attorney, such as STOUD, is crucial. They can draft persuasive arguments in Norwegian and navigate the legal standards that the Board or court will expect. Many refusals (especially on descriptiveness or confusion) can be successfully overturned with strong arguments or new evidence (for example, proof of acquired distinctiveness or coexistence agreements with the owners of cited trademarks).

5: Does an EU Trademark (EUTM) cover Norway?

No, an EUTM does not cover Norway as it is not part of the European Union. If you have an EUTM registration and you want trademark protection in Norway, you will need to obtain a separate protection in Norway.

 

There are a couple of ways to secure trademark rights in Norway since EUTM won’t apply:

 

  1. National Norwegian Application: File a trademark application directly with the Norwegian Industrial Property Office (NIPO/Patentstyret) for protection in Norway, with or without priority.
  2. International Registration (Madrid Protocol): File an international application with a national basis application via WIPO’s Madrid System designating Norway.

 

Always plan a separate Norwegian registration if Norway is a market of interest, and seek advice through a professional trademark firm such as STOUD. 

6: Is there a trademark opposition process in Norway?

Yes, once a trademark is examined and registered by NIPO, it gets published in the official Trademarks Gazette (Norsk Varemerketidende). From the publication date of the registration, any third party has 3 months to file an opposition.

 

During this three (3) month opposition window, anyone who believes a mark should not have been registered can file an opposition to cancel the mark. Common reasons for opposition would be that your mark is confusingly similar to their earlier mark or company name, or that it’s descriptive or otherwise unregisterable.

 

Key points about Norwegian oppositions:

  • An opposition is a written procedure submitted to NIPO. The opponent needs to state the grounds and provide any evidence (for example, evidence of their prior rights or reputation).
  • NIPO will review the opposition and typically allow the parties (opponent and the trademark owner) to exchange arguments. The process can involve one or two rounds of pleadings (usually two from each side). After review, NIPO will issue a decision either upholding the registration (in whole or in part) or canceling it (in whole or in part).
  • If either party is dissatisfied with the outcome of the opposition, the decision can be appealed to the Board of Appeal (KFIR) within 2 months. 

 

There are no official fees in relation to an opposition, and the parties need to cover their own costs. 

In summary, if you’re a foreign company and discover a conflicting mark has been registered in Norway, the opposition procedure is your primary tool to challenge that registration within 3 months of publication. Beyond that period, other mechanisms such as administrative review must be used. Professional IP firms like STOUD can help monitor your trademarks and handle oppositions efficiently, ensuring that your brand protection strategy in Norway remains proactive rather than reactive

7: How can I cancel or invalidate a trademark registration in Norway?

If the three (3) month opposition window has passed, or if you have other grounds to challenge a trademark in Norway, you have options to cancel or invalidate a trademark registration:

 

Administrative Review (Cancellation) by NIPO: After the opposition period, anyone with legal interest can file a request with NIPO for an administrative invalidation (cancellation) of a trademark. This is essentially a post-registration opposition handled through NIPO and the Board of Appeal. You must submit a written request outlining the grounds for cancellation. Grounds can include all the same issues used for opposition (likelihood of confusion, non-distinctive or descriptive mark, registered in bad faith, etc.), and additionally some grounds specific to post-registration status such as canceling a trademark due to non-use. An administrative cancellation is a useful, relatively cost-effective way to remove a trademark without going to court. NIPO’s decision on such a request can be appealed to the Board of Appeal (KFIR) if needed.

 

Court Action: The Norwegian legal system also allows you to file a lawsuit to invalidate a trademark, specifically Oslo District Court which has jurisdiction over IP cases. Notably, decisions of the Board of Appeal or NIPO on validity can be further appealed to the Oslo District

 

In summary, even after registration, trademarks are not “untouchable” – they can be challenged. If you discover a Norwegian trademark that conflicts with your rights or is blocking your application, we at STOUD can assist you in any of these proceedings mentioned above.

8: How long does a trademark registration last in Norway, and how do I renew it?

In Norway, a trademark registration is valid for 10 years from its filing date (for applications filed on or after July 1, 2010). To maintain protection, the registration must be renewed every 10 years. There is no limit on how many times you can renew. Effectively, a trademark can be kept alive indefinitely as long as renewal fees are paid each decade

 

It’s important to docket your renewal deadlines. Many companies use local agents or IP management services, like STOUD, to keep track of their local renewals. We also recommend our client to record their trademarks with a local representative such as STOUD, in order to keep their registrations alive.

9: Is trademark use required in Norway (can my trademark risk being canceled for non-use)?

Yes, Norway has a use requirement for registered trademarks. If you do not use your trademark in Norway, it can become vulnerable to cancellation for non-use. Specifically, under Norwegian law, a trademark may be challenged and canceled if it has not been genuinely used within 5 years from the final registration date. “Genuine use” means real commercial use of the mark as a source identifier. 

 

If you registered your trademark for a broad list of goods/services but ended up using it only on some of them, a non-use challenge can result in partial cancellation. That means the mark could remain registered only for the goods/services for which it has been proven used for, and be removed for the others.

 

If you ever face a non-use cancellation action, you must be able to provide evidence of genuine use, such as sales figures, advertisements, or invoices. Keeping thorough documentation of your trademark’s use in Norway is therefore advisable, as well as contacting an experienced trademark firm such as STOUD.  

10: Are unregistered trademarks or prior use recognized in Norway?

Yes, Norway has a use requirement for registered trademarks. If you do not use your trademark in Norway, it can become vulnerable to cancellation for non-use. Specifically, under Norwegian law, a trademark may be challenged and canceled if it has not been genuinely used within 5 years from the final registration date. “Genuine use” means real commercial use of the mark as a source identifier. 

 

If you registered your trademark for a broad list of goods/services but ended up using it only on some of them, a non-use challenge can result in partial cancellation. That means the mark could remain registered only for the goods/services for which it has been proven used for, and be removed for the others.

 

If you ever face a non-use cancellation action, you must be able to provide evidence of genuine use, such as sales figures, advertisements, or invoices. Keeping thorough documentation of your trademark’s use in Norway is therefore advisable, as well as contacting an experienced trademark firm such as STOUD.  

10: Are unregistered trademarks or prior use recognized in Norway?

Yes, to a limited extent. Norway is primarily a first-to-file country, meaning that ownership of a trademark is usually obtained by registration. However, Norwegian law does recognize unregistered trademark rights acquired through substantial use in Norway.

 

That said, relying on unregistered rights is riskier and more limited than having a registration. Proving an unregistered mark’s reputation can be an uphill battle (it requires substantial evidence of market penetration, advertising, sales numbers, etc.). Therefore, the best practice is to use a professional firm like STOUD to assist you with registering your rights in Norway, and not relying on unregistered rights. Registration provides clarity and strong legal presumptions of rights, whereas unregistered rights could lead to disputes about “who used what first” and the extent of recognition.