Question 1

1: How do I register a trademark in Norway?

Accepted Answer

To register a trademark in Norway, you must file an application with the Norwegian Industrial Property Office (NIPO). The process involves application, NIPO examination, registration and publication, followed by a 3-month opposition period. Engaging local counsel such as STOUD for strategic guidance is highly advisable.

Question 2

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

Accepted Answer

Not formally, but it is highly recommended. While Norway does not require foreign applicants to appoint a local agent for filing, a local attorney such as STOUD is essential for handling Norwegian law, practice, and communication with NIPO in Norwegian.

Question 3

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

Accepted Answer

A trademark can be refused on absolute grounds (lacks distinctiveness, descriptiveness, misleading, or contrary to public order) and relative grounds (confusingly similar to an earlier registered mark, which NIPO examines ex officio). Many refusals can be overcome with professional legal argument.

Question 4

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

Accepted Answer

You can overcome a refusal by responding to NIPO in writing with arguments or evidence of distinctiveness, or by proposing limitations to goods/services. If final refusal is issued, you can appeal to the Norwegian Board of Appeal (KFIR) and subsequently to the Oslo District Court. Engaging a qualified Norwegian IP attorney like STOUD is crucial for drafting persuasive arguments.

Question 5

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

Accepted Answer

No, an EUTM does not cover Norway as Norway is not part of the European Union. To secure protection in Norway, you must file a separate national application with NIPO or use the Madrid Protocol designating Norway.

Question 6

6: Is there a trademark opposition process in Norway?

Accepted Answer

Yes, once a trademark is registered and published, third parties have three (3) months to file an opposition with NIPO. Oppositions are written procedures that can lead to the cancellation of the mark if the opposition is successful. Professional firms like STOUD monitor and handle oppositions efficiently.

Question 7

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

Accepted Answer

After the 3-month opposition window, you can file a request for administrative invalidation (cancellation) with NIPO based on grounds such as non-distinctiveness or non-use. Alternatively, you can file a lawsuit for invalidation with the Oslo District Court.

Question 8

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

Accepted Answer

A trademark registration in Norway is valid for 10 years from the filing date (for applications filed after July 1, 2010). Protection must be maintained by renewing the registration every 10 years indefinitely.

Question 9

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

Accepted Answer

Yes, a trademark can be canceled if it has not been genuinely used in Norway within 5 years from the final registration date. Maintaining documentation of genuine commercial use is advisable to prevent non-use cancellation actions.

Question 10

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

Accepted Answer

Yes, Norwegian law recognizes unregistered rights acquired through substantial use, but reliance on registration is the best practice. Unregistered rights are riskier and require substantial evidence of market penetration and reputation to prove.