Because Norway is a “first to file” nation, trademark registration is required to get rights to a trademark. Unregistered trademarks can only be protected in special circumstances if they have been widely used. The applications for trademarks must be submitted to the Norwegian Industrial Property Office (PATENTSTYRET).
The Madrid Protocol includes Norway as a signatory. As a result, this country can use the Madrid System to extend an international trademark registration.
Filing requirements of trademark in Norway
The application, as well as the list of goods and/or services, must be submitted in Norwegian. Other supporting documents in Norwegian, Danish, Swedish, or English are acceptable. If the application is filed in a language other than Norwegian, the Norwegian Industrial Property Office can seek a translation into Norwegian, which must be submitted within the time limit specified in the appropriate Notice.
In order to receive the filing date, a trademark application in Norway must include at least:
– name and address of the applicant;
– a representation of the trademark;
– a list of the goods and/or services in Norwegian;
– priority claim details, if any (country, application number and filing date).
Power of Attorney’s requirements
The applicant must submit the representative’s name and address either on the application form or in a separate Power of Attorney. It may be submitted together with the submission of the application or following receipt of the Trademark Office’s request. The Power of Attorney does not need to be notarized or legalized.
Priority document‘s requirements
In general, there is no requirement to submit a Priority Document. During the examination stage, the Norwegian Industrial Property Office may seek a certified copy of the priority document, which must be sent within three months of receiving the corresponding notification.
Examination, publication, and opposition to a trademark application in Norway
In Norway, trademark applications are examined for conformity to formal requirements, distinctiveness, and potential conflict with previously registered trademarks. An opposition to a Norwegian trademark registration must be submitted within three months of the registration’s publication date.
Trademark validity term and renewal in Norway
In Norway, a trademark is valid for ten years after it is registered. By paying a ten-year renewal payment, the validity can be extended indefinitely. The trademark renewal request should be submitted in the final year of the current 10-year trademark validity period. This term can be extended for an additional six months for a fee.
Duration of the registration procedure of trademark in Norway
In Norway, it takes an average of 12 months from the time a trademark application is filed to the time it is registered.
Use requirement of trademark in Norway
In Norway, a trademark’s validity can be opposed based on non-use within five years of registration, i.e. five years from the end of the opposition period.
Representation by a trademark attorney
It is advised that foreign applicants should register their trademarks in Norway through an agent, a registered Norwegian trademark attorney.