Norway – Trademarks

Opposition
Within three months of the date of publication of the registration of the mark, anyone can file an opposition against the registration.

We will watch the opposition period on your behalf, and you will hear from us again, whether an opposition has been filed or not, no later than one month after the opposition period has expired.

It should, however, be noted that the fact that nobody files an opposition does not prevent a third party from initiating cancellation proceedings against your registration in the future. If so, we will, as your agent, be informed thereof and will, of course, contact you as soon as we are duly notified.

Use
After the registration is older than five years, any aggrieved person may apply to cancel the registration due to non-use. The registration may then be cancelled, wholly or partly, for all goods and services that the trademark owner is unable to show proper trademark use of.

Marking
Marking is not compulsory, but advisable. The most common markings are: “Varemerke”™ or “Registrert varemerke” ®.

Registered Owner
The consequences of not recording changes to the title vary by country. In some countries, it is an absolute condition that the entity claiming protection be the same entity recorded as the owner in the national registry. In other countries, failure to record title changes may make it more difficult, for instance, to file renewal documents or to file lawsuits against infringers. Thus, we highly recommend that name changes and assignments be duly recorded. Please get in touch with your consultant at AWA for more information.

Licensing
It is possible to license a trademark in Norway. Recordal of the license of the particular trademark registration in the Norwegian Industrial Property Office’s register provides legal protection in the event of conflicts of rights. Please contact your consultant at AWA for more information.

Pledging
It is possible to pledge a trademark in Norway. It should be noted, however, that the pledge must be recorded in the Norwegian Industrial Property Office’s register to become valid. Please contact your consultant at AWA for more information.

Watching
The Norwegian Industrial Property Office examines applications against relative bars. However, if they should grant a trademark that, in your opinion, is confusingly similar to your older right, such an application can only be revoked by your actions, typically by means of an opposition or cancellation action. Please feel free to contact us when in doubt.

We recommend using our watch service to increase your chances of detecting confusingly similar trademarks that may have been registered despite the existence of your trademark.

Alteration in Laws
Please note that these requirements may change over time, and AWA does not assume responsibility for keeping you updated on any legislative or other amendments. To ensure you have up-to-date information, do not hesitate to contact your consultant at AWA.