Declared by the Ministry of Children and Family Affairs 24 June 2005 of section 4 under the act of 6 June 1891 No. 2 concerning Act relating to fineness and marking of articles of Gold, Silver and Platinum and Royal Decree of 10 June 2005. (By Decree of 22 December 1989 No. 1273 is the responsibility for these regulations set to Ministry of Family and Consumer Affairs.
Section 1. The Register of Hallmarks
The Norwegian Industrial Property Office shall keep a special Register for Hallmarks (responsibility marks). A registration of hallmark concerns goods made of gold, silver and platinum.
Section 2. Written filing
An application for registration of a hallmark shall be filed in writing with the Norwegian Industrial Property Office using the special application form. Requirements regarding the written form laid down in these Regulations may be met by means of electronic filing to the Norwegian Industrial Property Office pursuant to section 1, fifth paragraph of the Regulations of 11 April 2003 No. 456 concerning fees to the Norwegian Industrial Property Office, etc.
Section 3. Language
The application shall be drawn up in the Norwegian language. The following correspondence may also be in the Danish or Swedish language. The Norwegian Industrial Property Office may always require that documents not filed in Norwegian be translated. The Norwegian Industrial Property Office may require that the translation be confirmed by a government-authorized translator or in some other manner acceptable to the Norwegian Industrial Property Office. The Norwegian Industrial Property Office may in an individual case accept another language than mentioned in the first paragraph.
Section 4. The content of the application
The application shall be signed by the applicant or his representative and shall contain:1. the applicant’s name or business name and address. Special address for communication shall be stated if this address is different from the one given by the applicant or his representative. 2. if the applicant is represented by a representative, the representative’s name or business name and address shall be stated. For provisions concerning representative and power of attorney, see section 15, and3. a reproduction of the hallmark. There can only be applied for one hallmark in an application. If registration for more than one hallmark is applied for in one and the same application, the Norwegian Industrial Property Office shall give the applicant a reasonable time limit, in which to declare which hallmark shall be continued in the application.
Section 5. Fees
NOK 1000,- shall be paid on demand for application for registration of a hallmark. If the stipulated fee is not paid within the time limit set by the Norwegian Industrial Property Office, the application shall be regarded as not filed. NOK 500,- shall be paid on demand for resumption of an abandoned application according to section 7, third paragraph. If the stipulated fee is not paid within the time limit set by the Norwegian Industrial Property Office, the request for resumption shall be regarded as not filed. NOK 700,- shall be paid on demand for request for renewal of a hallmark registration according to section 10. If the stipulated fee is not paid within the time limit set by the Norwegian Industrial Property Office, the registration is regarded as ceased. NOK 2500,- shall be paid on demand for handling of an appeal with the Board of Appeals according to section 11. If the stipulated fee is not paid within the time limit set by the Norwegian Industrial Property Office, the request for appeal shall be regarded as not filed. NOK 2500,- shall be paid on demand for handling of a request for an administrative review according to section 12. If the stipulated fee is not paid within the time limit set by the Norwegian Industrial Property Office, the request for an administrative review shall be regarded as not filed.
Section 6. Obstacles preventing registration
A hallmark may not be registered if:1. it is liable to deceive, 2. it is liable to be confused with the business name of another person or with certificationmark, hallmark or trademark registered for another person in accordance with an application filed earlier, or with a trademark established by use for another person at the time when the application for registration was filed, or3. it is less than five years since the registration expired for the same hallmark registered for someone else. Hallmarks are liable to be confusing only if they relate to identical or similar goods.
Section 7. The processing of an application
The application is regarded as filed even if it fails to fulfil the requirements laid down in sections 2 second paragraph, section 3 and section 4 No. 1-2, if it is subsequently corrected or filed in the correct form. If the application is not in the prescribed form, or there are other obstacles that prevent registration, the Norwegian Industrial Property Office shall notify the applicant accordingly. The applicant shall be given a reasonable time limit in which to respond and in case correct the irregularities. Irregularities in the application shall not prevent the application from being deemed to have been filed on the date the application was received by the Norwegian Industrial Property Office, provided that the irregularity will be corrected within the time limit set by the Norwegian Industrial Property Office. The application will nevertheless have no legal effects for the benefit of the applicant until a reproduction of the hallmark has been received by the Norwegian Industrial Property Office. If the applicant does not respond or remedy the irregularity within the expiration of the time limit, the application shall be considered abandoned. The processing of the application shall be resumed if the applicant within two months from the expiration of the time limit responds to or remedies the irregularity. The stipulated fee shall be paid. Resumption can be granted only once during the processing of the application. If the applicant has responded to the notification from the Norwegian Industrial Property Office within the set time limit, but the Norwegian Industrial Property Office still finds there to be irregularities regarding the application or there are other obstacles preventing registration, the application shall be refused unless the Norwegian Industrial Property Office finds that the applicant should be given another notification with a new time limit. The provisions in the Act of administration shall be regarded as supplemental provisions to these Regulations with the exception of chapter VI.
Section 8. Registration
If the application is in the prescribed form, and there are otherwise no obstacles preventing registration, the hallmark shall be registered and a certificate shall be sent to the applicant. Notice of the registration shall be published.
Section 9. The duration of the registration
The registration is effective from the date the application and the reproduction of the hallmark were received by the Norwegian Industrial Property Office, cf. section 4, and for ten years from the date of the registration, cf. section 8. The registration can be renewed according to the provisions in section 10. Section
10. Renewal
The registration can, at the request of the holder, be renewed for ten years at a time, counting from the expiration of the previous registration period. A request for renewal shall be filed in writing to the Norwegian Industrial Property Office at the earliest one year before, or at the latest six months after the expiration of the registration period. A stipulated fee shall be paid. If the request is filed within six months after the expiration of the registration period, an additional fee must also be paid. Payment of the renewal fee, accompanied by the hallmark’s registration number, made within the time limits referred to in the second paragraph, shall be regarded as a written request for renewal. The provisions in section 7 apply correspondingly as appropriate to the processing of requests for renewal.
Section 11. Appeal and procedure before the court of law
The final decision by the Norwegian Industrial Property Office in an application for registration of a hallmark can be appealed to the Board of Appeals, if the decision goes against the applicant. An appeal must be filed with the Norwegian Industrial Property Office within two months from the date notification of the decision was sent to the applicant. Failing this, the appeal will not be processed. The same applies if the stipulated fee is not paid within the time limit set by the Norwegian Industrial Property Office, cf. section 5, fourth paragraph. The final decision by the Board of Appeals can be appealed to the courts of law if the decision goes against the applicant. The appeal must be filed with the courts of law within two months from the date the notification of decision was sent to the applicant. Information about the time limit for legal proceedings shall be a part of the notification. Failing this, the appeal shall be rejected. Actions as referred to in the third paragraph must be brought before the Oslo District Court. The person who institutes legal proceedings shall at the same time notify the Norwegian Industrial Property Office of this.
Section 12. Administrative review
A request of administrative review shall be filed in writing to the Norwegian Industrial Property Office, stating1. the name and address of the person who filed the request,2. the registration for which a review is requested, 3. the grounds on which the request is based, and4. the necessary documentation of circumstances cited in support of the request. If the request fails to fulfil the requirements of the first paragraph, the Norwegian Industrial Property Office shall give a reasonable time limit in which to respond and, if possible to correct the irregularities. If the irregularities are not corrected before the expiry of the time limit, the request shall be rejected unless the Norwegian Industrial Property Office finds that a new time limit should be given for correction. The person who files a request for review shall pay the stipulated fee. An administrative review may be requested by anyone during the period of registration. Requests for administrative review and any subsequent communication shall be filed in duplicate. If two or more requests for review of the same registration are filed, the Norwegian Industrial Property Office may merge the cases to one case unless objectively justified objections are put forward. The Norwegian Industrial Property Office may take into consideration circumstances not affected by the request for review. The provisions in section 11 apply correspondingly as appropriate.
Section 13. Expunction
A request from the holder for expunction of a hallmark registration shall be made in writing to the Norwegian Industrial Property Office, and state the number of which registration is to be expunged. The request shall be signed by the holder or by a representative the holder has given power of attorney to request such expunction.
Section 14. Transfer
The right to a hallmark may be transferred together with, or independently of, the industrial or commercial establishment in which it is used. If an establishment is transferred, the right to the hallmark attached hereto passes on to the new owner, unless otherwise agreed. A request for recording the transfer of the hallmark in the Register shall be made in writing to the Norwegian Industrial Property Office. The request shall be signed by the holder or his representative.
Section 15. Use of a representative
An applicant who does not have his place of residence in Norway shall have a representative with a place of residence in Norway to represent him on all matters concerning the application. A holder who does not have a place of residence in Norway shall have a representative with a place of residence in Norway to receive announcements from the Norwegian Industrial Property Office as well as writs and other procedural announcements on behalf of the holder. The name of the representative or company name or address shall be recorded in the register. For the handling of demands for administrative review, the first paragraph applies accordingly to the one demanding such a review. If the representative of the applicant or the holder wants to withdraw the application or demand deletion of the registration, a written power of attorney shall be handed in. The power of attorney shall be signed by the applicant or the holder and state the application number or registration number and what powers the representative is equipped with towards the Norwegian Industrial Property Office.
Section 16. Entry into force
These Regulations shall enter into force 1 July 2005. As from the same date the Regulations for hallmarks of November 23 1983 No. 1775 shall be repealed. These Regulations shall apply to applications filed before the Regulations entered into force. Provisions in these Regulations shall also apply accordingly as appropriate for valid registrations of hallmarks. Registrations of hallmarks will accordingly have to be renewed within ten years from the date of entering into force of these Regulations.