Patentstyret
Patentstyret
Trademarks
A trademark represents your identity in the marketplace. A trademark may signalize a certain quality, a life style or reputation, and can be particularly valuable when marketing your goods and services.

What is a trademark?   

A trademark is a symbol distinguishing your goods or services from those of others.

To obtain a registration, your trademark must fulfill certain requirements.

 

Why register your trademark?

A trademark registration gives you exclusive rights to use the trademark as a special symbol for your goods and/or services.

These rights apply to use of the mark on the goods themselves, on the packaging, in advertising, in business documents, in verbal description or otherwise.

Registration gives you exclusive rights, preventing others from using a trademark which can be confused with yours for goods and services of the same or similar type as yours is registered for.

A trademark is usually the result of considerable investment of time and resources and the costs are often considerable. It is therefore important to safeguard the sole rights to your trademark.

By being able to document your rights, you have a sound basis for negotiating finance for your development costs and for entering into sales and licensing agreements with others.

 

What is a trademark?

A trademark can consist of all kinds of symbols and must be reproducible in graphic form.

A trademark can consist of words and combinations of words (for instance, slogans), names, logos, figures and images, letters, numbers, sounds, and moving images, or a combination of these. 
 

Examples:  
Figures, e.g. the butterfly from Kari Traa AS.
Figure - butterfly from Kari Traa AS
Word marks, e.g.   Freia og Bik Bok
Combined marks containing words and figures, e.g. the Solo label. 

Slogans, e.g. "Putt en tiger på tanken" (Put a tiger in your tank)

Three dimensional marks (goods accessories), i.e. the shape, accessories and packaging for a product, can also be registered.
The Farris bottle is a good example of this type of registration.

Letters and numbers, e.g. 4711 og IBM


A trademark can only be registered if it is suitable for differentiating the applicant's goods or services from those of others. Marks which only state the nature of a product or its properties cannot be registered as a trademark, e.g. "wholemeal bread" for bread or "shoes" for footwear.

Another important condition for registration is that the mark must not be misleading or likely to lead to confusion with another product name, company or trademark. 

 

Where and how do I apply to register a trademark? 
In Norway: 

To apply to register a trademark in Norway, you need to file a trademark application with the Norwegian Industrial Property Office. A Norwegian trademark registration provides protection only within Norway.

Application Form (in Norwegian only)  

More information on trademark registration outside Norway.

What should you consider before filing an application?

  1. Always check to see if the same or a similar trademark already exists before spending time and money on protecting or using it, for example by having advertising materials, letter heads or similar printed.
    You cannot register a trademark when others already hold a registration or have applied for one.
    The Norwegian Industrial Property Office Preliminary Search Service carries out fast, reasonably priced investigations on your behalf and can also assess the results.
    You can also contact Brønnøysund Register Centre to check whether the company name is being used by someone else.
     
  2. Make sure that you have included all the goods or services you want to register the trademark for. It is not possible to add further goods or services once the application has been filed. In such a case a new application must be submitted. Goods and services are classified according to an international classification system. Please note that the list of goods and services, and all written communication with the Norwegian Industrial Property Office, must be conducted in Norwegian.
      
  3. Once you have filed an application, only minor changes can be made which do not affect the overall impression of the trademark. The trademark should therefore be submitted in the same form as it is to be used. 
     
  4. If you would like professional assistance in drafting your application before filing it to the Norwegian Industrial Property Office - look under "patentbyråer" in the Yellow Pages (These pages are in Norwegian only). 
     
  5. The application must be filed in Norwegian. Other documents may be in Norwegian, Swedish, Danish or English.

  

How much does it cost to apply to register a trademark in Norway?

Charges consist of a basic fee of NOK 2300 giving protection for 10 years for up to three classes.
If you wish to register your trademark for more than three classes, the fee is NOK 650 per class.
More information on fees.

 

When does a trademark registration cease to be valid? 

Your registration lasts for 10 years from the date of registration.
Registration can be renewed every 10 years an unlimited number of times.
If anyone considers that the trademark has been registered on a false basis, it may be pronounced legally void. In certain cases a registration may also be cancelled by the Norwegian Industrial Property Office.

Trademarks which have acquired distinctiveness through use in a certain geographical area may be used as a basis for objecting to a newly registered mark. However a trademark which has acquired distinctiveness may not be used as a basis for declaring a newly registered trademark invalid.

Registration can also be annulled by a legal pronouncement if the mark has not been used for a period of 5 years.

 

If you have any queries concerning the protection of trademarks,

please contact the Norwegian Industrial Property Office Information Centre,
tel: 22 38 73 33 
e-mail: This is a mailto link
or visit us at Sandakerveien 64, in Oslo

Application Form  (in Norwegian only)   

 

Last changed: 12/08/2010

Nordic Patent Institute

Utviklet i samarbeid med Gazette