Trademark registration Norway
Register your trademark in Norway online in 3 steps…
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What are the costs of a trademark registration in Norway?
- Includes all fees
- extra class
- Includes all fees
- up to 3 classes
- Includes all fees
- second and third class
How do you get a trademark registration in Norway?
In Norway, a first-to-file jurisdiction applies. This means that you must register a trademark in order to obtain the exclusive rights to it. Registering a trademark in Norway provides protection against infringement by third parties. To be able to register a trademark in Norway, it is not necessary to have it already in use on the Norwegian market. That’s not to say that using it isn’t helpful, though; it can significantly reduce the likelihood of rejection on the basis of distinctiveness.
Successful registration of a trademark not only leads to its protection on the Norwegian mainland, but also in Spitsbergen and Jan Mayen, a small island on the border of the Greenland Sea and the Barents Sea. Norway has signed the Madrid Protocol. In addition to local registration, international expansion via the Madrid System is therefore also possible for this country.
Goods and services according to the Nice Classification
If you want to register a trademark in Norway, you must submit a list of goods and services for which you want to register your trademark with your application. It is important that this is complete, as the list may not be updated after the application has been submitted. It is therefore important to name classes for which you are currently using your brand, as well as the classes for which you may want to do this in the future. Goods and services are classified according to the Nice classification, the international classification system. The list must be completed in Norwegian.
Other documents that are required for the registration of a trademark in Norway may be supplied in Norwegian, Swedish, Danish or English. The Norwegian Intellectual Property Office, NIPO, sends all correspondence in Norwegian.
How does a combined trademark registration in Norway work?
Do you want to register trademark protection in Norway? Your brand can consist of word elements, figurative elements (a logo) or a combination of both. In the latter case, it is important to realize that the exclusive protection you obtain through the registration procedure is only valid for this exact composition. You can use the separate elements separately for commercial purposes, but they will not be independently protected.
In practice this can pose a problem. If a third party wants to use the same logo or word element for its own promotional purposes, then nothing stands in the way of him or her. You can only object to this if this person offers the same or very similar products or services. The success of a notice of objection varies and strongly depends on the situation. To prevent such things, it is best to choose to also record the elements that you want to use separately in Norway.
What are the steps for the trademark registration process in Norway?
If you want to register a brand name in Norway, you can do this online. If you submit your application and you pay the associated costs at the same time, you will receive a (payment) confirmation within ten working days. You have four weeks to make the payment. It is important to realize that an application does not automatically lead to registration. Your brand is tested in various areas by the NIPO, the Norwegian Industrial Property Office. In a first phase, it is checked whether the trademark that you want to register in Norway meets all formal requirements according to the Trademarks Act.
If that is the case, NIPO will register your brand name in the Norwegian registers. You will receive an official confirmation of this information within fifteen working days. NIPO will also publish the registration in the official Norwegian trade gazette. This is done online, on the website of the patent office. The bulletin is called ‘Norsk varemerketidende’. After publication, third parties have three months to file an opposition if they believe that there are no valid reasons for registering your trademark in Norway. Objection can lead to full or partial cancellation of trademark registration.
How do you check already registered trademarks?
Before applying for trademark protection in Norway, it is important to check whether others already have a registration for this trademark, or whether applications are already underway. To check this, you use, among other things, the NIPO database, where information about registered trademarks and pending applications is available to the public. There are no costs associated with using the database. You can also check domain names via Namesearch.no. If you also want to register a domain and company name in Norway, do so first (in this order) and then apply for trademark registration.
How do you maintain the validity of the trademark protection?
You do not have to use a trademark when you register it, but if it is still inactive five years after registration, there is a risk of its cancellation. Third parties can submit a request to this effect to the NIPO. Have you been able to successfully register a trademark in Norway? The protection is valid for ten years, starting from the date of application. Extension of trademark protection can be requested without limitation and is issued for ten years each time. You can request an extension from twelve months before the end date of the current term. There is a grace period of six months.