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Check whether there are similar designs registered in Norwegian or international databases. Here you can find an overview of the most commonly used databases.
Design appeal options
You can file a complaint both during the processing of a design application and after the design has been registered.
Protest during the processing of a design application
A protest against a design application must be based on one of the claims listed below, and you must be able to document your claim.
Grounds for protest may be that:
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the application does not concern a design
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the design is contrary to public policy or morality
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the design contains, without authorization, an emblem or symbol (for example, the national coat of arms or flag)
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the design has been applied for by someone who does not hold the right to it
You can file a protest against an application until the processing of the design application has been completed. If you file the protest after the design has been registered, we will treat it as a request for administrative review of the registration.
To file a protest, you can use the form "Claims and complaints to the Norwegian Industrial Property Office (NIPO) and the Norwegian Board of Appeal for Industrial Property Rights (KFIR)" available in Altinn.
The protest must include the application number of the design in question. If the application contains several designs, you must specify which design(s) the protest concerns.
The applicant will be notified that a protest has been filed and will be given the opportunity to comment. The person who submitted the protest will receive confirmation that it has been received.
NIPO will assess the protest and decide whether it should affect the processing of the application. If the protest is not upheld, the person who submitted it will be informed of the possibility to request an administrative review.
- We reject the design application
- We continue processing the design application as submitted
- We transfer the design application to the rightful owner
There is no fee for submitting a protest.
Administrative review after registration of a design
The administrative review procedure is a quick, simple, and inexpensive alternative to legal proceedings before the courts. It applies to both national and international design registrations that have protection in Norway.
You may request an administrative review if your claim is based on one of the reasons listed below and you can document your claim.
Grounds for review may be that the design:
- is not a design as defined by law
- does not meet the requirements of novelty and individual character
- is not visible during normal use of the product
- is contrary to public policy or morality
- contains, without authorization, an emblem or symbol (for example, the national coat of arms or flag)
- conflicts with a design in an earlier application (which was not publicly available at the time the new application was filed), provided that the earlier application is later published
- infringes another person’s right in Norway, for example a trademark or copyright
- is solely dictated by technical function
- has been registered by someone who does not hold the right to it
You can file a request for administrative review as long as the design registration is valid. A request may also be filed after the registration has expired or been deleted, provided the person filing the request has a legal interest in the matter.
If you believe that the person listed as the owner is not entitled to the design, you must file the request no later than one year after you became aware of the registration.
If the owner acted in good faith when the design was registered or transferred, you cannot file the request later than three years after this occurred.
To file the request, use the form "Claims and complaints to the Norwegian Industrial Property Office (NIPO) and the Norwegian Board of Appeal for Industrial Property Rights (KFIR)" available in Altinn.
You will be able to attach supporting documentation.
The request must include:
- the name and address of the appellant, and of the representative if applicable
- the registration number of the design and which design(s) in the registration the appeal concerns (if multiple)
- the grounds for the appeal
- supporting documentation
- a power of attorney if you are using a representative who is not an attorney or trainee lawyer
You must also pay an appeal fee.
If your request does not meet the formal requirements, NIPO will give you a deadline to correct the deficiencies.
If you do not do so within the deadline, the request will be rejected.
When the formal requirements are met, NIPO will forward the request to the holder of the design registration, giving them a deadline to respond.
Normally, both parties will be given the opportunity to comment twice.
The initial request counts as your first statement.
If you are unable to respond within the deadline, you may request an extension.
When NIPO considers the case sufficiently clarified, it will be decided.
A different case officer than the one who registered the design will conduct an independent review of the case.
The case may result in:
- the design registration being revoked in whole or in part
- the request being rejected and the registration maintained
- the rights being transferred in whole or in part to another owner
A request for administrative review costs NOK 4,000. An invoice will be sent to the appellant, and it must be paid before the case is processed.
If NIPO rejects the request, half of the fee will be refunded.
Requirements for documentation
NIPO takes into account all relevant documentation submitted.
If you request full or partial transfer due to incorrect ownership of the application or registration, you must document that you hold the right to the design.
If you claim that the design is not new or lacks individual character, you must prove that a design giving the same overall impression was made public before the application date. You must provide reliable, dated documentation clearly linked to the design’s appearance. Examples include:
- design, trademark, or patent applications
- registered designs, trademarks, and granted patents
- business agreements
- brochures and advertising material
- newspapers and magazines
- images from the internet and social media
If images from the internet are not dated, you can also refer to dated references that clearly show the product was made public before the application date.
To find material previously published online, it may be useful to use archive services such as the Wayback Machine.
If you submit a video as evidence, you should also include still images from the video showing the specific product you claim is similar or identical.
Appeal against NIPO's decisions
If NIPO has made a final decision that you disagree with, you can appeal to the Board of Appeal for Industrial Property Rights (KFIR). You must send your appeal to NIPO, which will forward it to KFIR.
The appeal period is two months from the date NIPO’s decision was sent to you.
You must send the appeal to NIPO. If it is clear that the appeal will succeed, NIPO may revoke or amend its own decision. Otherwise, the appeal will be forwarded to KFIR.
The appeal must be sent to NIPO, which forwards it to KFIR. Use the form "Claims and complaints to the Norwegian Industrial Property Office (NIPO) and the Norwegian Board of Appeal for Industrial Property Rights (KFIR)" available in Altinn.
Decisions from KFIR can be further appealed to the courts.
If you have requested an administrative review, you cannot file a lawsuit for invalidity or transfer while the case is being processed by NIPO.
Decisions made by KFIR can only be brought before the courts by an applicant or right holder who has received an adverse decision.
As a general rule, a lawsuit must be filed within two months from the date KFIR’s decision was sent out.