NORWAY Law and Practice Contributed by: Camilla Vislie, Magnus Hauge Greaker, Julie Rasmussen Solli and Amalie Hauge Pedersen, Advokatfirmaet Thommessen AS
4.8 Dividing a Trade Mark Application It is possible to divide a trade mark application into several applications. The applicant will have to pay a stipulated fee for each new applica - tion. A divisional application must be filed before the original application is processed and can - not include goods and services that were not included in the original application. When requesting a division, the applicant must provide the original application number and information on the goods and services, along with their associated class numbers, that were included in the original application and are to be included in the new application. A request for division must contain the origi - nal application number and information on the goods and services, accompanied by the asso - ciated class numbers included in the original application that are to be included in the new application. 4.9 Incorrect Information in an Application See 4.7 Revocation, Change, Amendment or A trade mark application may be denied registra - tion by NIPO on a number of grounds. The most relevant grounds for refusal are: • the formal requirements are not met; • lack of distinctiveness; • the trade mark is liable to be confused with another trade mark, business name or busi- ness sign; • the trade mark is misleading; • the trade mark is offensive or contrary to law or public order; • there is a danger of deceiving the public; Correction of an Application . 4.10 Refusal of Registration
• the trade mark contains escutcheons or other symbols/flags without authorisation; • the trade mark contains something that is liable to be perceived as another person’s name, stage name or portrait; and/or • the trade mark contains a geographical origin for wine or liquor. The applicant may overcome an objection raised by NIPO by rectifying the deficiencies pointed out within a reasonable time limit stipulated by NIPO. If the applicant has not commented on or recti - fied the deficiencies before the time limit expires, Norway participates in the Madrid system. For an international registration to take effect in Norway, the general requirements for registra - tion in Norway must be met (see 4.10 Refusal of Registration ). NIPO is the relevant authority in cases concerning international registrations of trade marks and will conduct the examina - tion process. If the requirements for registration are not met, NIPO will refuse, in full or in part, to grant effect to the international registration in Norway. 5. Trade Mark Procedure for Inter Partes Proceedings 5.1 Timeframes for Filing an Opposition or Cancellation Trade Marks Opposition Opposition to a trade mark registration must be submitted to NIPO within three months after the date of publication of the registration. It is not possible for a potential opponent to request the application will be rejected. 4.11 The Madrid System
389 CHAMBERS.COM
Powered by FlippingBook