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Benelux trademark protects Belgium, Netherlands and Luxemburg. In order to obtain trademark protection in Benelux you can register your trademark in two ways: First option is that you request registration in the entire European Union with one single application; this can be done via the European Union Trademark which grants trademark protection in the 28 country members of the EU (more info here). Second option is that you register directly your trademark in Benelux. If you want to proceed this way please follow the steps described belows.
Step 1 - Trademark Comprehensive Study
Before filing your trademark in the Norway, you must evaluate any issues that may arise during the registration process. Our Comprehensive Study not only lists similar trademarks (graphic and phonetic) that may conflict with yours but also provides you with an Attorney's opinion on the trademark registration possibilities and the class(es) that your goods/services belong to.
Trademark Class Recommendation
Graphic & Phonetic Similarity Trademark Search
Trademark Attorney's Analysis & Advice
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Step 2 - Trademark Registration Request
Specialized attorneys file your Trademark Application in the Norway and carry out all the necessary formalities to bring your application before the Norway Trademark Office for approval and registration. As soon as your trademark is filed, we send you a filing report that includes an application number and date, plus a scanned copy of the filed trademark application.
Process Handled by Experienced Trademark Attorneys
Filing the Report & a Scanned Copy of the application
Tracking the Registration Process Online
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Step 3 - Trademark Registration Certificate
Once your trademark application is approved, our attorneys complete all the formalities necessary to obtain the registration certificate in the Norway. After the certificate is issued, it is forwarded to your address along with a registration report specifying the registration number, registration date, and any special consideration that should be taken into account in the Norway.
Process Handled by Experienced Trademark Attorneys
Delivery of Registration Certificate & Report
Monitoring & Notification of Important Dates
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 Frequently Asked Questions
Trademark Registration
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Is there a time frame for the trademark registration approval?

The average time frame for the registration approval is 6 months, if no objections or oppositions arise.

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If I register my trademark in Norway, do I have protection in other territories?

A registered trademark in this jurisdiction is protected in Norway including the Continental shelf and all of its territorial waters.

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Do I need to sign a Power of Attorney?

Yes. Applicants are required to sign a power of attorney.

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Are there any benefits from a pre-filing use of the trademark?

Yes. Provided the pre-filing use occurred in Norway, the applicant may benefit by being able to demonstrate the distinctiveness of the mark. This will also aid the applicant in winning against challenges based on non-distinctiveness.

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Will there be problems in case I don’t use my trademark after registration?

Yes. When the owners are not using their registered trademark, they make it vulnerable to cancellation attacks from competitors.  

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What are the types of trademark that can be registered in Norway?

The following marks that can be recreated graphically and can make a product/service distinct from others are allowed for registration: 

  • Names
  • Terms/words
  • Touch
  • Taste
  • Motion
  • Hologram
  • Smell/scent
  • Sound
  • Slogan
  • Colour
  • Devices
  • Shapes with 3 dimensions
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What are the phases of application after a trademark has been filed in Norway?

The order of phases of application is as follows: examination, registration and publication. 

  1. Examination – the Norway Trademark Office will examine the application based on a number of factors namely formalities, classifications, clarity, descriptiveness, deceptiveness, distinctiveness and conflicts with other applications.
  2. Registration – The trademark office of Norway will perform the prosecution process and if no challenges or oppositions are received, the office will then issue the registration certificate.
  3. Publication – The trademark will be published in the Norwegian Official Trademarks Gazette.
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What type of trademark is not registrable?

The following marks are banned by this jurisdiction for registration: 

  • Marks that oppose standard of moral or marks that are incompatible with public order
  • Common terms with plain or general meaning
  • Marks that lack acquired distinctiveness
  • Marks that primarily serve as last name or surname
  • Marks that primarily serve as name of a geographic location
  • Marks that use flags or symbols or names of states, nations and international organizations without permission from authorities
  • Marks that can be deceiving to the public
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Does Norway use the "Nice Classification" system?

Yes. Nice Classification system is effective in Norway. For trademarks that will be covering multiple classes of goods/services, one application will suffice.

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Is there any possibility to claim priority in Norway?

Yes. The filing date in your home country can be claimed as the filing date in Norway provided that your home country is a member of the Paris Convention and its filing date does not exceed 6 months from the filing date in this jurisdiction.

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What do I need to do to satisfy the use requirement?

Use the mark 5 years from the date it was registered. You must use the mark for business purposes and the selling or marketing must occur in Norway.

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Once my trademark has been registered, for how many years will be valid?

A registered trademark in Norway is initially valid for 10 years starting on the date of application.

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What will be the renewal date of my trademark?

The first renewal of your trademark will take place 10 years from the filing of application date.

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Is it legal to use my trademark even if it is not yet registered?

Yes. It is legal to use an unregistered mark for selling goods/services.

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Does having a registered trademark in Norway give me any right?

The first-to-file rule applies in Norway. It is mandatory for owners to register their mark in order to secure rights. Rights are also possible to obtain through extensive or long-term use of the mark.

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What is the web address of the trademark national office?

The website of Norway’s trademark office can be visited in this link: https://www.patentstyret.no/

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Is there any need to use my trademark before I apply for registration?

No. This jurisdiction does not mandate applicants to actually use the mark before registration. Intent to use is also not mandatory.

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Can a Trademark Application be opposed?

Yes. The grounds for opposition are as follow: 

  • Mark contradicts moral principles or public order
  • Mark contains a geographical indication
  • Mark has a general meaning
  • Mark has violation against rights in a personal name
  • Mark has violation against rights to a registered design
  • Mark has violation against rights under Article 6bis (notorious mark), Article 6ter (protected emblems, flags and armorial bearings), Article 6septies (representation of trademark), and Article 8 (trade names) of the Paris Convention
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Who can contest my trademark registration?

Interested parties such as owners of an earlier right may challenge the registration of your trademark.

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Is it possible to cancel a registration?

Yes. The following are grounds for cancellation: 

  • Breach of copyright
  • Proprietary rights
  • Rights to a registered design
  • Rights to a personal name
  • Application in bad faith
  • Misleading, descriptive, generic and non-distinctive mark
  • Mark contradicts moral standards
  • Mark includes a geographical indication
  • Mark includes a protected badge or emblem 
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Are there any rights established by having a registered trademark?

Yes. As owner of a registered mark in Norway, you secure the following rights: 

  • Exclusive right to use and benefit from the mark
  • Right to object to conflicting applications filed at a later date
  • Right to request a cancellation against conflicting registrations
  • Right to file a legal case (infringement) against third parties that use the registered mark without permission or third parties that use similar-looking mark
  • Right to receive damages for infringement
  • Right to issue license to other business entities that want to use the registered mark
  • Right to request for seizure of fake goods
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How long is the opposition period?

The opposition period starts on the date of publication in the Trademarks Gazette and ends three months after the said date.

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Is Norway a member of the Madrid System?

Yes. Norway is a Madrid Protocol member.

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Do I need to present periodic statement of use?

No. It is not required.

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When should I renew my trademark?

Renewals are made every 10 years.

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What will be the renewal date of my trademark?

The first renewal of your trademark will take place 10 years from the filing of application date.

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Is there any documentation that should be presented when renewing a trademark?

There is none. Documentations are not needed for trademark renewals.

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If my trademark expires, do I have a grace period?

A grace period of 6 months from the date of expiration is given to owners.

Basic Concepts
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What is a trademark?

A trademark identifies a company’s products and services and distinguishes them from those of its competitors in the market. The name (the verbal element) is not the only component of a trademark—figurative elements such as logos, design, images, colors, and sounds also create an identity that can be protected by trademark registration.

With the registration, the owner (person or company) becomes the owner of the trademark. The registration is given for a particular country/territory, for certain products or services, and for a specific term. While the registration is in force, only the owner may use the trademark in the market where the trademark is registered.

 Some symbols to consider:

® Means the trademark is registered.

TM Some countries use this trademark symbol to show that the trademark has been filed at the trademark office and is still undergoing the registration process.

SM Some countries use this service mark symbol to show that the service mark has been filed at the trademark office and is still undergoing the registration process.

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What is the difference between a trademark, patent and copyright ?

You can lay claim to your work in many ways. Trademarks, patents, and copyrights offer protection to intellectual property owners. A trademark helps people find your goods and services. When recognized as a registered mark, it protects your right to exclusively use the image, logo, phrases, or words to distinguish your goods or services from others in the market.

patent safeguards ideas and inventions. It gives a creator or inventor exclusive rights that prevent other people from making, using, or profiting in any way from an invention or creative innovation without the consent of the inventor.

You cannot patent an idea alone (otherwise we’d all be doing it). You must materialize your concept into a tangible invention, innovative product, device, or process that offers new solutions to an existing problem.

Copyright protects all types of original published, performed, and printed creative works of art, literature, and music. It prevents people from using, reproducing, or distributing copyrighted works without the permission of the artist, author, composer, etc. Types of work covered by copyright protection include:

  1. a) artwork (2 or 3 dimensional),
  2. b) photographs, graphic drawings, and designs as well as other forms of creativity;
  3. c) songs, music, and sound recordings of all kinds;
  4. d) books, manuscripts, publications, and another written work; and
  5. e) plays, movies, shows, and other performance arts.

 

Trademarks, patents, and copyrights are all examples of ways you can protect your intellectual property. Your rights to control and benefit from your efforts are increasingly important in our global economy. Registering a formal claim to your property is a critical step in protecting what you own.

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What is the difference between TM, SM, ® and other symbols?

The symbol of a circled letter R after a trademark name or graphic image means that the preceding trademark has been registered. Various typographic symbols indicate copyrights and patents. The presence or absence of a symbol does not change the validity of the registration, but the best practice is to use circle‑R or circle‑C for copyrights every time you mention your intellectual property in print. These symbols give legal grounds for claiming damages in trademark litigation. The following is a list of some typical marks you can use on a web page, in written content, or even in a marketing letter.

  • TM: The TM or trademark symbol indicates an unregistered trademark for one of 34 different classes of products. Owners use this symbol to claim the preceding name or logo as the Trademark of their product.
  • SM: The SM or service mark symbol is similar to the TM symbol except it indicates a claim to a mark for a service (one of 11 classes of service) rather than a tangible product.
  • ®: Use the ® symbol once you’ve registered your trademark or service mark. It shows that the country authority has approved the registration.
  • ©: Use the © symbol to indicate copyrighted material. The copyright notice should appear on the material as Copyright © followed by the date the work was created, the copyright owner’s name, a period, and finally “All Rights Reserved.” Like this: Copyright © 2021, John Smith. All Rights Reserved. Use it whether the copyright has been registered or not.
  • Patent Pending: The phrase Patent Pending shows that you filed a patent application but cannot guarantee the application's approval.
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What are trademark classes?

Trademark Offices around the world use classes to divide commercial products and services into defined categories.  When you apply for your trademark to protect your brand, you must define the class or classes that you believe best describe your business activity. 

Countries around the world have standardized 45 classes (34 for products and 11 for services) for international use under the Nice International Classification.

These classes group all known products and services. If applicable, you can register the same trademark in more than one class; for example, you may register the trademark KING for computers in class 23 and register the same trademark in class 24 for cosmetics. 

Trademark protection only extends to commercial use within your specified classes.  It is, therefore, possible for two entities conducting business in different classes to use identical or similar trademarks and for each entity to enjoy full trademark protection in their respective classes. If you feel that protection should extend to include more than one class, you can choose multiple classes under which to conduct business.

You can search for your trademark class with this Trademark Class Search tool.

Trademark Search
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Why do I need to perform a trademark search?

Once you have a product or service and think you have a name for it, how do you know you can use it as your own? What happens if you unintentionally use a registered trademark name? 

Too many people use a name without knowing whether or not they have the legal right to do so. They organize massive marketing campaigns with names they later find they’re not allowed to use. Performing a comprehensive search before deciding which trademark to register is a wise thing to do, especially when you consider future risks of litigation.  

It is a good idea to carry out some research before starting to do business with a trademark. It may not be in your best interest to use a mark if another company is already actively conducting business in the same class.  The other company may object to you using the trademark and legally prohibit you from doing so.

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Do I need an Attorney to perform a Trademark Search?

No, you don’t, but if you have little or no experience dealing with trademarks, we suggest you seek professional help. Our company offers a Comprehensive Trademark Study service. The Study gives you details of the classes in which you might want to register your trademark; it also lists identical and similar trademarks, and finally, you get an Attorney's recommendation about registration possibilities and use of your trademark.

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Where can I perform a trademark search?

If you know a little about trademark registration, you can search using any online trademark search tool. If not, we recommend that you hire a trademark attorney or trademark service like Nominus.com to handle your trademark registration requirements, especially the trademark search because the process is complex and relatively time consuming.

Please note that if you don’t manage to complete the application process correctly, the registration can drag on for several months and end up costing far more than you intended to pay. The trademark search is a critical part of the process.

A broad trademark search is essential in today's marketplace, given the increasing number of unregistered and common law trademarks. Globalization also raises the question of entering international markets and registering trademarks in foreign countries to protect both your brand and your property rights.

Please note that even a completed comprehensive trademark search does not necessarily guarantee your trademark will be accepted and registered. A  Comprehensive Trademark Study includes an extended review process and, more significantly, a formal evaluation of the likelihood that your application will be successful.

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