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Bryn Aarflot AS
Oslo, Norway (NO)

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Håmsø Patentbyrå ANS
Sandnes, Norway (NO)

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Norway (NO)

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07-01-2011 (Newsletter Issue 9/11)
Trademark Duration Amended
The current Norwegian Trademarks Act, which entered into force on July 1st, 2010, amended the duration of trademarks. The trademark duration is 10 years from application date for applications filed on/after July 1st, 2010 and 10 years from registration date for applications filed before July 1st, 2010.

Source: HÅMSØ PATENTBYRÅ ANS, Sandnes, Norwegen


01-01-2011 (Newsletter Issue 1/11)
Official Fees Changed
The Norwegian Ministry of Trade and Industry has passed a new Regulations on Fees for the Norwegian Industrial Property Office (NIPO). The Regulations entered into force on January 1st, 2011.

Source: Hamsö Patentbyra, Norway and www.patentstyret.no


07-01-2010 (Newsletter Issue 12/10)
Opposition Period Changed
The Norwegian Parliament has approved a new Trademark Act, which extends the opposition period from 2 to 3 months from publication date, effective July 1st, 2010.
Other important changes concern the access to administrative review of the Norwegian Patent Office. For example cancellation of trademarks can be reviewed by the PTO instead of having to proceed with a regular law suit.


Source: www.patentstyret.no

The primary legal basis of Norwegian Trademark law is the Norwegian Trademark Act, No. 8 of 26 March, 2010. The act entered into force on 1 July 2010.
Norway is a "first-to-file" country, and trademark protection is primarily obtained through registration.
However, protection can also be acquired through extensive use, once the mark becomes "well known" within the relevant trade circle. Protection for unregistered marks remains for as Long as the mark remains "well known". Norway is a member of the Madrid Protocol.
Nice classification, 10th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, colours, holograms, three-dimensional forms, the three-dimensional form of a good or its packaging as well as sound marks, motion marks and any combination of the mentioned signs. Olfactory marks, taste marks and feel marks are theoretically registrable, but no such marks have yet been registered.
The following trademark types are registrable: trademarks, service marks, collective marks.
The application is filed with the Norwegian Industrial Property Office.
Multiple-class applications are allowed.
Local counsel/representative is not formally required, but a trademark application, including the identification of goods/services, must be filed in Norwegian. Other documents can be in Norwegian, Danish, Swedish or English, but the NIPO will issue office actions, etc. in Norwegian.

Foreign applicants need a domestic registration for their mark unless
- The applicant is domiciled in a Paris Convention member state
- The applicant is domiciled in a WTO Agreement member state
- The applicant is domiciled in a country which does not require for Norwegian applicant’s to submit proof of domestic registrations by the trademark filings in that country.
The NIPO may theoretically request evidence of domestic registration, but does not perform ex officio examination in regard to such filing basis.

The application process includes a formal examination on absolute and relative grounds, i.e., a formalities check and an examination of distinctiveness and conflicting rights in the form of registered trademarks. An application can also be refused on the Basis that it is deceptive, or that it includes a protected name.
The processing time from first filing to registration or first office action is approx. 3 to 6 months.
After registration, the trademark is published in the weekly trademark journal “Norsk Varemerketidende”.
National:
The opposition period is 3 months from publication of the trademark.

Opposition against designation of IR Mark
(The period starts from the national publication date, if not stated differently):
3 months
Trademark duration is 10 years from application date for applications filed on/after July 1st, 2010 and 10 years from registration date for applications filed before July 1st, 2010.
The grace period for renewals is 6 months after the expiration date of the registration.
If the trademark has not been used in Norway within 5 years from the final registration date, or if the use has been interrupted for a subsequent period of 5 consecutive years, the Registration can be cancelled by third parties. Resumed use of a trademark can restore protection, but use during the three months preceding a non-use action will not restore protection if preparations for such use has been initiated after the trademark owner became aware that a non-use action might be filed.
The official fee is NOK 2,600.00 (approx. EUR 330.00) for up to three classes and NOK 650.00 (approx. EUR 80.00) for each additional class.
Trademark Licence Agreement
In Norway, a licence agreement may be entered into orally but for evidentiary reasons, this is not advisable. It is permitted to license unregistered marks. A licence agreement may be restricted to only some of the goods and/or services covered by the trademark. The sale of a registered trademark does not automatically terminate the licence agreement. There are no statutory provisions which require specific terms to be incorporated into an agreement which grants a licence to use a trademark.

Recordal
Recordal of the licence with the Norwegian Industrial Property Office (NIPO) is not mandatory, but normally recommendable. If the parties choose to record the agreement, the notification can be made on specific forms provided by NIPO. The type of licence (sole, exclusive, non-exclusive), the entry date and the scope of the licence must be sufficiently described in the recordal notice. The scope of the licence must be described in Norwegian. Other documents can be in Norwegian, Swedish, Danish or English, but a translation into Norwegian may be requested by the NIPO. When a trademark application is pending, only the applicant or his representative may sign and file the request for a licence recordal. When a mark is registered, the holder, the licensee, or an attorney representing either of these parties may file and record the licence.

Effectiveness
The recordal in the Register becomes enforceable against third parties from the application date for entry of the registered user. Publication of the licence agreement is not required in order for the recordal to be deemed valid. There is no time frame for the recordal of a licence agreement.

Infringement Proceedings
There is an evidentiary presumption that use by a recorded licensee is permitted use. In principle, both the licensor and the licensee may institute legal proceedings for infringement of the trademark. The right of a licensee to institute legal action against trademark infringement may be restricted by the licence agreement.
Search type First class Add. class
Word Mark Search (availability) 220,00 € 50,00 € 
Word Mark Search (identical) 60,00 € 20,00 € 

The Prices above are SMD International Search Fees
Bouvet Island (BV)
Norwegian trademark registrations and International Registrations designating Norway do not cover Bouvet Island.

Svalbard and Jan Mayen (SJ)
Norwegian trademark registrations will automatically cover Svalbard and Jan Mayen, no further action is required. International Registrations designating Norway automatically cover Svalbard and Jan Mayen, no further action is required. The period of opposition against International Registrations designating Norway is 3 months from publication in the National Trademark Gazette “Norsk Varemerketidende.”
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
08-20-2013
Bryn Aarflot AS, Oslo, Norway  

07-24-2013
Håmsø Patentbyrå ANS, Sandnes, Norway  

08-17-2012
Oslo Patentkontor AS, Oslo, Norway

08-07-2012
Håmsø Patentbyrå ANS, Sandnes, Norway  

07-08-2011
Håmsø Patentbyrå ANS, Sandnes, Norway  
Oslo Patentkontor AS, Oslo, Norway

Dependent Territories
07-08-2011
Håmsø Patentbyrå ANS, Sandnes, Norway  

Licensing
08-20-2013
Bryn Aarflot AS, Oslo, Norway  

07-24-2013
Håmsø Patentbyrå ANS, Sandnes, Norway  

08-17-2012
Oslo Patentkontor AS, Oslo, Norway

08-16-2012
Håmsø Patentbyrå ANS, Sandnes, Norway  

07-07-2011
Advokatfirmaet Thommessen AS, Oslo, Norway


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Bryn Aarflot AS


Kristine Aarflot
Kristine Aarflot
Stortingsgata 8
0161 Oslo
Norway (NO)
Tel +47 4690 3000
Fax +47 2200 3131
kaa@baa.no
www.baa.no

Bryn Aarflot was founded in 1947 and is today one of Norway’s leading intellectual property firms. Our clients range from large international companies to individual entrepreneurs, representing all fields of business and industry.

The firm provides technical and legal expertise at all levels on all areas of intellectual property law.

Bryn Aarflot’s professionals draw on their broad range of technical backgrounds and legal experience to serve the needs of the client.

What makes us unique and different from most other IP firms is that as well as being one of Norway’s leading filing and prosecution firms, we also act as litigators. This enables us to offer a full range of services in the IP field.

Bryn Aarflot has regularly been ranked by the renowned, independent publication Managing Intellectual Property (MIP) as the “Norwegian IP Law Firm of the Year,” and is listed in the top tier of MIP’s World IP Survey in trademark, copyright and patent law.

Whether you represent a company seeking Norwegian or international IP-representation, or are looking for an experienced full-service IP-partner for your international business, Bryn Aarflot is here to assist you.

Håmsø Patentbyrå ANS


Gunnar Håmsø
Gunnar Håmsø
P.O. Box 171
4302 Sandnes
Norway (NO)
Tel +47 51 60 51 51
Fax +47 51 66 18 96
hamso@patent.no
www.patent.no

Håmsø Patentbyrå ANS was established in 1950 as an independent consultancy firm. It specialized in providing information and handling matters concerning intellectual property rights for domestic and international clients.

Today, Håmsø offers patent, trademark and design application services, translations, licensing, legal disputes, representation before the Norwegian Patent Office and legal and technical expert advice in intellectual property matters.

Our staff counts persons with university or college degrees within microbiology, constructional engineering, mechanical engineering, hydrotechnical engineering, geology, electronics, law and linguistics, carrying long-term experience from miscellaneous subjects within manufacturing, service and research.
Furthermore our staff includes various assisting personnel, being 25 staff members in all. We also cooperate closely with license consultants and government-authorized translators.

Norwegian Industrial Property Office (NIPO)
Sandakerveien 64
0484 Oslo
Norway
Tel + 47 22 38 73 00
Fax + 47 22 38 73 01
www.patentstyret.no/en/
PO Box 8160 Dep., 0033 Oslo

World Intellectual Property Organization (WIPO/OMPI)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel + 41 22 33 89 11 1
Fax + 41 22 73 35 42 8
www.wipo.int