NORWAY Law and Practice Contributed by: Camilla Vislie, Magnus Hauge Greaker, Julie Rasmussen Solli and Amalie Hauge Pedersen, Advokatfirmaet Thommessen AS
2.2 Essential Elements of Trade Mark Protection To be registered, a trade mark must consist of a sign that can be protected, as mentioned in 2.1 Types of Trade Marks , and that can be repre - sented in the Trade Mark Register in such a way that the authorities and the public can clearly and distinctly determine the subject matter of the protection. Further, it must possess distinc - tiveness, meaning that it must be distinctive and express something more than the characteristics or qualities of the goods or services it is regis - tered for. A trade mark cannot be registered if it consists solely, or with only insignificant changes or addi - tions, of signs or indications that: • indicate the nature, quality, quantity, purpose, value, or geographical origin of the goods or services, the time of production of the goods, or the performance of the service, or other characteristics of the goods or services; or • in ordinary language or according to fair and established business practices, constitute customary designations for the goods or services. 2.3 Trade Mark Rights A trade mark right in Norway has the effect that no one, without the consent of the proprietor of the trade mark right, may use in the course of trade, in relation to goods or services: • any sign that is identical with the trade mark for goods or services for which the trade mark is protected; or • any sign that is identical with or similar to the trade mark for identical or similar goods or services, if there exists a likelihood of confu - sion, such as if the use of the sign may give
trade mark and copyright holders have the same rights as Norwegians (National treatment).
2. Trade Mark Ownership, Protection and Rights 2.1 Types of Trade Marks
Different types of trade marks are recognised in Norway, including word marks, figurative marks, combined marks, shape marks, position marks, pattern marks, colour marks, sound marks, motion marks, multimedia marks and hologram marks. Collective marks and guarantee or certification marks may also be registered. With a collective mark, a society or other organisation acquires an exclusive right for its members to use a trade mark for goods or services in an industrial or commercial undertaking. As for the guarantee or certification marks, these are applicable to a public authority, foundation, company or other organisation that establishes standards for, or conducts testing on, goods or services. The mentioned organisations may acquire an exclusive right to use a trade mark for such goods or services to which the standards or the testing apply. There are no statutory trade marks under Nor - wegian law. Marks that are famous outside Norway, but are not yet in use in the country or registered in the Trade Mark Register, are not automatically pro - tected as a trade mark in Norway. To obtain pro - tection, the trade mark must be considered well known as someone’s trade mark by the relevant consumers in Norway.
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