NORWAY Law and Practice Contributed by: Camilla Vislie, Magnus Hauge Greaker, Julie Rasmussen Solli and Amalie Hauge Pedersen, Advokatfirmaet Thommessen AS
Before filing a trade mark application, it is rec - ommended to carry out a search for prior trade marks in the Trade Mark Register, to assess whether others own the right to an identical or similar trade mark. For a fee, NIPO can also conduct a preliminary search that covers reg - istered trade marks and applications for such trade marks. In addition, it is recommended that the applicant carry out a search for unregistered trade marks online, in the company register and in the registry for Norwegian Domain Names (NORID). 4.3 Term of Registration The term of registration is ten years from the date of filing the application. Thereafter, the reg - istration may be renewed for ten years at a time, on an ongoing basis. A request for renewal of a trade mark must be in writing and filed with NIPO. The request may be filed no earlier than one year before the registra - tion period expires. The renewal of the trade mark is subject to a stip - ulated fee. Since renewing the right is voluntary, NIPO does not invoice the renewal fee. To avoid an additional fee, the request for renewal must be filed and the renewal fee paid before the reg - istration period expires. If the trade mark owner fails to do so, and does not pay the renewal fee and late payment fee within the final deadline of six months after the expiry date, the trade mark registration will expire. 4.4 Application Requirements An application for registration of a trade mark may be filed online on NIPO’s website. Any natu - ral or legal person can file an application. The application must include: • the name and address of the applicant;
• a representation of the trade mark; and • a list of the goods and services in respect of which the registration is requested (the goods and services may be included in several classes). As of 2023, the application fee for registering a trade mark in one class is NOK3800 (approxi - mately EUR325). An additional fee of NOK1000 (approximately EUR85) is applicable for each extra class. Foreign applicants are not required to appoint and be represented by an attorney licensed to practice in Norway. 4.5 Use in Commerce Prior to Registration There is no requirement that the trade mark has been used before the registration is issued. 4.6 Consideration of Prior Rights in Registration During the application process, NIPO automati - cally examines whether the trade mark applied for infringes any previously registered trade marks or trade mark applications. If the owner of an unregistered trade mark or a company name raises objections, NIPO will also consider such objections, but NIPO will not conduct a search to reveal such conflicting rights. 4.7 Revocation, Change, Amendment or Correction of an Application The Norwegian system allows applicants to make insignificant changes to an application for a trade mark registration during the process of registration, provided that the changes do not affect the overall impression of the trade mark. The list of goods and services applied for cannot be extended, but may be limited.
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