Norwegian Design Regulations

An application for registration of a design shall be filed on the special application form. The form and enclosures shall be filled in using block letters.

The application shall be in Norwegian. Enclosures and other documents pertaining to the case shall be in Norwegian, Danish, Swedish or English.

If the application or other documents are in a language other than those stipulated by the first paragraph, the Norwegian Industrial Property Office may require that a translation be submitted within a time limit fixed by the Norwegian Industrial Property Office. The Norwegian Industrial Property Office may require that the translation be certified by a government authorized translator.

The Norwegian Industrial Property Office may in individual cases approve a language other than those mentioned in the first paragraph.

The application shall be signed by the applicant or his representative and shall contain:

1. the applicant’s name or business name and address, and the name or business name and address of the representative, if any.
2. information as to whether priority is claimed pursuant to section 16 of the Designs Act.
3. indication of whether and for how long the applicant wishes the registration to be deferred pursuant to section 18, second paragraph of the Designs Act.

The application shall in addition contain information as referred to in sections 4 and 5.

If not otherwise stated in the application, the address specified pursuant to section 3 No.1, is the address for notifications and services of process etc. pursuant to section 49 of the Designs Act. Has the applicant appointed a representative, the address of the representative is such address, as far as the power-of-attorney authorizes. If there is more than one applicant or representative, the first mentioned address is the address for correspondence, if not otherwise stated. The applicant may at any time specify a new address for correspondence.

The application shall precisely specify the product or products to which the design is applied so that the Norwegian Industrial Property Office is able to decide which class and subclass the product belongs to pursuant to the Locarno Agreement of 8 October 1968 No. 1 establishing an international classification for industrial designs. The class and subclass pursuant to the Locarno Agreement shall be specified in the application, but this specification is not binding for the Norwegian Industrial Property Office.

Up to seven representations clearly illustrating the design, shall be enclosed with the application on filing. By “representations” is meant photographs, drawings or other graphic representations that are suitable for electronic recording, storage and reproduction. Technical drawings are not accepted. One of the representations shall have a dimenstion of at least 3 cm length and width, but the representation cannot be larger than A4 format. Each representation shall have a frame that must be at least 5 mm wide.

The representations shall only show the product or part of the product to which the design applies. If it is the design is sought to be registered in colour, representations and specimen must be in colour.

If the application concerns moving designs, the Norwegian Industrial Property Office may require that a description of the design and, if appropriate, a sample thereof saved on a suitable medium be submitted.

If the application concerns more than one design, cf. section 15 of the Designs Act, up to seven separate representations and, if appropriate, a specimen shall be submitted for each design. Representations shall be numbered consecutively so that it is clearly indicated which design they apply to. If two or more representations are submitted for each design, an additional number shall be added to the main number for each representation (1.1, 1.2, 1.3 etc).

If found necessary, the Norwegian Industrial Property Office may require that the applicant submits a specimen. The specimen must be constructed of durable and non-hazardous materials and shall not exceed 30cm in any dimension or weigh more than 4 kg.

The Norwegian Industrial Property Office may issue further requirements concerning the representations and give further instructions concerning ways of transmittal and storage formats etc.

The application is regarded as filed even if it fails to fulfill the requirements laid down in sections 2, 3 and 4 if it is subsequently corrected or filed according to the requirements cf. section 19 of the Designs Act.

If neither representations nor, if appropriate, a specimen accompany the application, it will only be regarded as filed if it contains a request for priority that fulfils the requirements laid down in section 16, first paragraph of the Designs Act, cf. sections 7 to 9 of these Regulations.

The applicant may claim priority pursuant to section 16, first paragraph of the Designs Act on the basis of the first application for design registration or utility model protection that shows the design if this application was filed in a State member to the Paris Convention of 20 March 1883 No. 1 for the Protection of Industrial Property or the Agreement of 15 April 1994 No. 18 Establishing the World Trade Organization (WTO Agreement), or if it was filed in an intergovernmental organization for such States.

The priority claim must be included in the application on filing with the Norwegian Industrial Property Office. Priority may not be claimed after this date. A design may only have one priority.

The claim shall state which design authority the application referred to was filed with, the date it was filed and the application number. If the claim does not contain this information, the Norwegian Industrial Property Office shall give the applicant a time limit of one month to provide the information. If the time limit is not observed, the right to priority lapses.

The Norwegian Industrial Property Office may require a person who claims priority to provide evidence of priority within three months after being so requested by the Norwegian Industrial Property Office. Evidence of priority shall contain information as referred to in the third paragraph, the applicant’s name and a copy of the application, and be certified by the design authority that the application was filed with.

In order that an application shall be able to provide a basis for priority pursuant to section 16, first paragraph of the Designs Act, it must be the first application to specify the design.

A subsequent application specifying the design may nevertheless provide a basis for priority if:

1. it was filed at the same place as the first application and by the same applicant or this person’s successor in title,
2. the first application had been withdrawn, abandoned or refused without the design being made available to the public when the later application was filed,
3. the first application did not serve as a basis for any claims concerning priority, and
4. the first application did not form the basis of any established right.

The Norwegian Industrial Property Office may assign priority pursuant to section 16, first paragraph of the Designs Act on the basis of an application filed in a country that is not a member of the Paris Convention or the WTO Agreement if this country assigns such priority on the basis of design applications filed in Norway.

Sections 7 and 8 of the Regulations shall apply correspondingly for priority pursuant to this section.

The applicant may claim priority pursuant to section 16, second paragraph of the Designs Act if the design has been shown at an official or officially recognized exhibition as referred to in the Convention regarding International Exhibitions of 22 November 1928 No. 1. Section 7, second paragraph of the Regulations shall apply correspondingly.

The priority claim shall state the name of the exhibition where the design was first shown, the country where the exhibition was held and the date of the first presentation of the design at the exhibition. If the claim does not contain this information, the Norwegian Industrial Property Office shall give the applicant a time limit of one month to provide it. The right to priority lapses if the time limit is not observed.

The Norwegian Industrial Property Office may require a person who claims priority to provide evidence of priority within three months after the requirement concerning this is sent by the Norwegian Industrial Property Office. A declaration by the responsible management of the exhibition stating that the exhibition is international and giving the date of the first presentation of the design at the exhibition will be accepted as evidence of priority.

If the application concerns more than one design, cf. section 15 of the Designs Act, the applicant may claim priority for one or more of the designs.

Priority may be claimed on the basis of one or more previous applications. This applies even if the invoked applications were filed in different countries.

Claims for priority may be withdrawn by means of a written notification to the Norwegian Industrial Property Office until the application for registration is decided.

In the notification of registration, the Norwegian Industrial Property Office shall inform the holder of the matters examined by the Norwegian Industrial Property Office pursuant to section 17, first paragraph of the Designs Act.

If so requested by the applicant, the Norwegian Industrial Property Office shall conduct a supplementary examination of the design application, cf. section 17, second paragraph of the Designs Act.

The request for a supplementary examination must be included in the application on filing with the Norwegian Industrial Property Office. If the application concerns more than one design, the examination shall apply to all of the designs covered by the application, unless otherwise stated in the application.

In the supplementary examination, the Norwegian Industrial Property Office shall examine factors that may preclude granting of the design right pursuant to sections 3 to 5, section 7, second paragraph, and section 8 of the Designs Act. In so doing, the Norwegian Industrial Property Office shall survey:

1. designs that are or have been filed for registration or registered in Norway.
2. international registrations that applies or have applied to Norway and where Norway have been designated
3. trademarks that may preclude the granting of design rights pursuant to section 7, third paragraph (1) of the Designs Act.

If the Norwegian Industrial Property Office learns of other matters that may have significance for protection of the design, these shall be included in the examination.

The Norwegian Industrial Property Office shall inform the applicant of the result of the examination without addressing the question of whether the requirements for design right are fulfilled.

If the Norwegian Industrial Property Office before the registration of a design receives a protest of significance for the processing of the application, the Norwegian Industrial Property Office shall notify the applicant hereof.

A protest against the registration of a design does not give party rights. If a protest is not upheld, the protester shall be informed of his right to request an administrative review.

If the application includes more than one design and one or more of the designs fails to fulfil the requirements for registration pursuant to section 17, first paragraph of the Designs Act, these designs must be dealt with in separate applications pursuant to section 17 of the Regulations or be withdrawn from the application. If the applicant does not wish to comply with this, the application shall be refused in its entirety.

If the Norwegian Industrial Property Office finds that a design may be registered in its amended form pursuant to section 14 of the Designs Act, the Norwegian Industrial Property Office shall notify the applicant of this giving the applicant a time limit of two months to submit representations of the design in an amended form.

If new representations are submitted that reveal a design other than the one viewed in the original representations in the design right application, cf. section 14 of the Designs Act, the applicant may require a separation of this design in a new independent application.

The applicant shall submit a new application form together with the request for separation, state the application number of the original application, and enclose representations of the design. The provisions in sections 3 to 5 apply accordingly. The stipulated fee shall be paid for the new application.

A request for separation shall be rejected if the requirements set forth in paragraph one and two are not met. Section 19 of the Designs Act applies accordingly.

If the separation is carried out, the applicant shall receive notification hereof, stating the application number of the new application. The new application shall be considered to be filed on the day that the representations of the design were submitted with the original application.

If an application includes more than one design, the applicant may request the division of the application into two or more applications.

The request for division shall state the application number of the original application and which of the designs the original and each of the new applications shall include. The applicant shall submit a new application form and enclose representations of each new application. The provisions in sections 3 to 5 apply accordingly. The stipulated fee shall be paid for each new application. New applications are referred to as divided applications.

Divided applications shall be submitted before a final decision has been made on the original application. Divided applications may not include designs which were not included in the original application before the division. A divided application may not include the same design as the original application or any other divided application.

A request for division shall be refused if the requirements set forth in paragraph one to three are not met. Section 19 of the Designs Act applies accordingly.

If division is carried out, the applicant shall receive notification hereof, stating the application number of the divided application. The application number of the original application shall be retained. Each divided application shall receive a new application number. Divided applications shall receive the same application date as the original application, and each individual design shall retain its original priority. Documents enclosed with the original application until and including the implementation of the division, shall be regarded as documents in a divided application.

If a registration includes more than one design, the proprietor may request the division of the registration into two or more independent registrations.

The request for division shall state the original registration’s number and which of the designs the original and each of the new registrations shall include. The stipulated fee shall be paid for each new registration. New registrations are referred to as divided registrations.

A request for division is rejected if the requirements set forth in paragraph one to three are not met. Section 19 of the Designs Act applies accordingly.

If the division is carried out, the design proprietor receive notification hereof, stating of the registration number of the divided registration. The registration number of the original registration shall be retained. Each divided registration shall receive a new registration number. Divided registrations shall receive the same date of filing as the original registration, and each individual design shall retain its original priority. Documents enclosed with the original registration until and including the implementation of the division, shall be regarded as documents in a divided registration.

The applicant may request that the Norwegian Industrial Property Office merge previously divided applications, cf. section 17, filed with the Norwegian Industrial Property Office on the same date, provided that the designs belong to the same class according to the Locarno Agreement of 8. Oct 1968 No 1 on International Classification of Industrial Designs (the Locarno Agreement).

The request shall state the application number, the application number of the application it is requested it be merged with and which designs to be included in the merged application. In case of a request for partial merging, the applicant shall state which designs to be included in the application they are transferred to. The stipulated fee shall be paid. A request for merging shall be refused if the requirements set forth in this paragraph are not met. Section 19 of the Designs Act applies accordingly.

In case of merging of previously divided applications including the original application, the application with the original application number shall always be continued.

If full or partial merging is carried out, the applicant shall be notified of the merging and of the application number of the merged application.

The proprietor may require the Norwegian Industrial Property Office to merge previously divided registrations, cf, section 18, if the applications are filed with the Norwegian Industrial Property Office on the same day, provided that the designs belong to the same class according to the Locarno Agreement. The provisions set forth in paragraph two to four apply accordingly.

The Norwegian Industrial Property Office shall keep a register of design applications and design registrations. Section 21 applies to international design registrations designating Norway. The information contained in the Design Register shall be available to the public.

The Register shall contain the following information about the application and the registration:

1. the applicant’s name or business name and address
2. the name or business name and address of any representative
3. any specifically stated address for correspondence, cf. section 3a of these Regulations and section 49 of the Designs Act
4. if this information is included in the application, or the applicant or the designer so requests, the name(s), group name or business name(s) and address(es) of the designer or the designers
5. application date and application number
6. whether priority is claimed, and, if appropriate, the grounds for claiming priority and the information referred to in chapter 2
7. representations of the design, indicating whether the design is in colour,
8. whether a specimen has been submitted,
9. notice of mulitple registration
10. specification of the product or products the design applies to and the class or classes in the Locarno Agreement that apply to the product,
11. filing date, registration number and publication date,
12. the expiration of the registration period
13. whether the application is a divided or separated application, and, if appropriate, the application number of the original application
14. whether the registration is a divided registration, and, if appropriate, the registration number of the original registration
15. whether division or separation of the application or registration has resulted in new applications or registrations, and, if appropriate, the new application or registration number(s).
16. whether the application or registration is merged with another application or registration, and, if appropriate, the application or registration number and the application or filing date of the original application or registration
17. whether the applicant has requested deferred publication
18. the date on which documents disclosing the design has become available to the public according to section 21 of the Designs Act
19. outgoing and incoming documents in the case
20. paid, outstanding and, if appropriate, refunded fees
21. other decisions made in the case and status of the case
22. whether the design has been renewed according to section 24 of the Designs Act and whether renewal fees has been paid
23. the date for discontinuance according to section 33 or 34 of the Designs Act
24. of a request for reinstatement of rights caused by failure to observe a time limit, and the decision such request, cf, Section 50 of the Designs Act
25. that a request for administrative review has been filed and the decision in such case, cf. section 25 of the Designs Act
26. that an appeal has been filed with the Norwegian Board of Appeal for Industrial Property Rights according to Section 36 of the Designs Act
27. that legal action has been initiated according to Section 39 of the Designs Act
28. that legal action for invalidation or transfer of a registration has been initiated according to Section 25 of the Designs Act, and the result in the case when the decision of the court is final
29. the new representative, if there is a change of representation
30. distraints on and attachments of the design.
31. of transfer or licence
32. if the name, business name or address of the proprietor, licensee or representative has changed

Notice of changes according to No. 29, 31 and 32 shall be submitted on a specific form established by the Norwegian Industrial Property Office.

International Design Registrations designating Norway are recorded in the register referred to in section 20. The information in the register shall be available to the public.

The register shall contain the following information about the international registration:

1. international registration number
2. the name of the proprietor or his business name and address
3. information about the who the designer is, if this information is included in the international registration, or if the design holder or the designer has requested the registration of the name of the designer in the register
4. the name or business name and address of any representative
5. any specifically stated address for correspondence, cf. section 3a of these Provisions and Section 49 of the Designs Act
6. the international registration date and the publication of the registration in the International Design Bulltin
7. whether priority is claimed, and, if appropriate, where the prior application is filed and the application’s filing date and application number
8. the date of the decision on effect in Norway and the publication of the decision
9. representations of the design, indicating whether the design is in colour
10. specification of the product or products the design applies to and the class or classes in the Locarno Agreement that apply to the product in English
11. notice of multiple registration
12. of renewal of a registration
13. the date of the expiration of the registration or renewal period
14. whether the registration has expunged or expired and on which date
15. other information received from The International Bureau concerning international design registration with effect for Norway if the information is of significance for the right to, rights in or the protection of the design in Norway
16. information referred to in section 20, second paragraph No. 19, 21 and 29 to 32

Publication of registrations of designs pursuant to section 18 of the Designs Act shall contain information as referred to in section 20, second paragraph No. 1 to 16, 18 and 19.

Publication of renewal according to section 24 of the Designs Act shall contain information as referred to in section 20, second paragraph No. 1 to 5 and the expiry date of the renewal period.

The termination of a registration shall be published. The publication shall contain information as referred to in section 20, second paragraph No. 1 to 5 and information that the registration has lapsed and the date of the lapse.

Publication of international design registrations pursuant to Section 57, fourth paragraph of the Designs Act shall contain information as referred to in section 21, second paragraph No. 1 to 10 and 13 and the date of publication in Norsk designtidene (the Norwegian Design Journal).

Publication of renewal of international design registration pursuant to Section 58, third paragraph of the Designs Act, shall contain information as referred to in section 21, second paragraph No 1 to 5and the expiration date of the renewal period.

Publication of international design registrations pursuant to section 59 of the Designs Act shall contain information as referred to in section 21, second paragraph No. 1 to 5 and information that the registration has lapsed and the date of the lapse.

Publication of a request for administrative review pursuant to section 27 of the Designs Act shall contain:

1. information as referred to in section 20, second paragraph No. 1 to 3 and 10 and 11
2. name or business name and address of the party requesting administrative review and the name or business name and address of the representative, if any, and also the specifically stated address for correspondence pursuant to section 30, second paragraph, cf. section 3a
3. the date of the request for administrative review

Publication of the final decision in an administrative review case, cf. section 35 of the Designs Act shall contain:

1. information as referred to in the first paragraph
2. information about the result of the administrative review
3. the date the decision became final

Publications pursuant to section 50 of the Designs Act shall contain:

1. Information on which time limit is failed to comply with and that it is decided that the non-compliance shall have no effect
2. Information as referred to in section 20, second paragraph No 1 and 5 or 11

The Norwegian Industrial Property Office shall also publish:

1. a right to continued use pursuant to section 31 of the Designs Act, stating the design’s registration number, information about the proprietor and information about the party with the right to continued use
2. cancellation of a registration pursuant to section 33 of the Designs Act and expunction of a registration pursuant to Section 34 of the Designs Act
3. legal proceedings concerning invalidity or transfer and final decision in such cases
4. legal proceedings pursuant to section 39 of the Designs Act and final decision in such cases
5. merging of registration, stating the separate registration’s numbers and the new registration number
6. notice of transfer
7. notice of licence
8. notice of change of the applicant’s, the proprietor’s or the licensees name or business name and address and of the specifically stated address for correspondence, if any
9. notice of appointment, change of or cancellation of representation
10. distraints on and attachments of the design.

A request for administrative review shall contain information as referred to in section 27, first paragraph of the Designs Act and also the name or the business name and the address of the representative, if any. Section 3a applies accordingly to the correspondence with the party requesting the administrative review, cf. Section 49 of the Designs Act.

If the request for administrative review is withdrawn, the processing of the case may only be continued according to section 27, fifth paragraph of the Designs Act if the proprietor is notified of this within two months after the withdrawal of the request.

The Ministry of Foreign Affairs may request administrative review pursuant to section 26, second paragraph (3) of the Designs Act, apart from requests for administrative review associated with national control and guarantee marks, which may be made by the Ministry of Justice.

If the registration includes more than one design and one or more of the designs fail to fulfil the requirements for registration pursuant to section 17, first paragraph of the Designs Act, these designs must be divided between separate registrations pursuant to section 18 of the Regulations or be withdrawn from the registration. If the applicant does not wish to comply with this, the application shall be cancelled in its entirety.

Section 16, second paragraph of the Regulations shall apply correspondingly when a registered design can be retained in an amended form pursuant to section 28 of the Designs Act.

(Repealed 1. July 2010, cf. Regulation 25. June 2010 No. 937)

Documents concerning design registrations, including documents in cases concerning administrative review, transfer, or appeals etc, shall be in Norwegian, Danish or Swedish. This also applies to documents concerning international registrations from others than the The International Bureau, including for documents in cases concerning renewed consideration pursuant to section 37, second paragraph. If a document is in another language, the Norwegian Industrial Property Office may require a translation into Norwegian be submitted within a time limit fixed by the Norwegian Industrial Property Office. The provisions in section 6, second paragraph, second sentence and third paragraph apply correspondingly.

Section 3a applies correspondingly to correspondence with the proprietor of a national or international design registration.

Requests from the design proprietor for deletion of the registration according to section 34, first paragraph shall be submitted with the Norwegian Industrial Property Office and signed by the design proprietor or his/her representative. The request shall state the registration number and, if appropriate, which design in the registration the request for deletion applies to. Section 3, second paragraph applies correspondingly.

The Norwegian Industrial Property Office shall notify the design proprietor of the time limit pursuant to section 24, first paragraph of the Designs Act within one year before the expiry of the registration. Failure to provide such notification, does not entitle the proprietor to claim renewal after the expiry of the time limit.

If a request for renewal fails to fulfil the requirements laid down in section 24 of the Designs Act, the Norwegian Industrial Property Office shall give the proprietor a reasonable time limit for correction of the irregularities. Are the irregularities not corrected within the fixed time limit, the request shall be refused.

When a registration is renewed, the Norwegian Industrial Property Office shall notify the holder of this.

Applications and other documents may be filed on paper or electronically pursuant to the Regulation relating to fees, etc. to the Norwegian Industrial Property Office and the Board of Appeal for Industrial Property Rights.

Provisions concerning time limits, fees and when a document is considered submitted with the effect that a time limit is interrupted, are set forth in the Regulation relating to fees, etc. to the Norwegian Industrial Property Office and the Board of Appeal for Industrial Property Rights.

(Repealed 1. July 2010, cf. Regulation 25. June 2010 No 937)

If a specimen has been submitted to the Norwegian Industrial Property Office in connection with a design application, the Norwegian Industrial Property Office shall retain the specimen for five years after expiry of the registration. If the holder has not requested the return of the specimen before this date, the Norwegian Industrial Property Office may destroy it.

Application for an international design registration may be filed either directly with The International Bureau or with the Norwegian Industrial Property Office, on The International Bureau’s official application form. If filed with the Norwegian Industrial Property Office, the application and any enclosures shall be in English. The application form shall be filled out using block letters. Furthermore, the application shall fulfill the requirements set forth in section 56, first paragraph of the Designs Act, Art. 5 of the Geneva Act and also Rule 7 of the Common Regulations under the 19 Act and the 1960 Act of the Hague Agreement.

If the fee is paid within the time limit set forth by the Norwegian Industrial Property Office, an international application filed with the Norwegian Industrial Property Office shall be transmitted to the International Bureau in time for it to be received there within one month after the filing with the Norwegian Industrial Property Office, cf. rule 13 of the Common Regulations under the Hague Agreement. 

If there is an impediment to the application of an international design registration in Norway, the Norwegian Industrial Property Office shall notify the International Bureau of the refusal pursuant to section 57, second paragraph of the Designs Act within six months after the date that the registration was published in the International Design Bulletin, cf. Art 12 No. 2 of the Geneva Act and Rule 18 No. 1 letter a in the Common Regulations under the 1999 Act and the 1960 Act of the Hague Agreement.

The proprietor of the international design registration may request a new consideration of the question whether the registration wholly or party is granted for Norway. The request for renewed consideration including any corrections of impediments, shall be submitted to the Norwegian Industrial Property Office within two months after the day the notice of the rejection was sent to the applicant.

If the Norwegian Industrial Property Office finds no impediment for granting application for the design registration wholly or partly for Norway, the registration shall be entered into the design register and published within the time limit referred to in the first paragraph of these Regulations.

Section 49 of the Designs Act applies correspondingly to cases concerning international registrations.

If an international design registration has been applied to Norway by an obvious mistake, the Norwegian Industrial Property Office may cancel the registration according to section 33 of the Designs Act if this is made within the time limit set forth in section 37, first paragraph of this Regulation. The Norwegian Industrial Property Office shall within the same time limit, notify The International Bureau about the cancellation.

(Repealed 1. July 2010, cf. Regulation 25. June 2010 No. 937)

The following regulations are repealed:

1. Regulations of 15 September 1970 No. 9122 relating to design classification
2. Regulations of 20 December 1996 No. 1163 to the Designs Act of 29 May 1970
3. Regulations of 23 December 1996 No. 1264 concerning further provisions to the Designs Act of 29 May 1970.

These Regulations shall enter into force on 1 May 2003.

The previous regulations shall apply to designs which were registered or for which registration was applied prior to the entry into force of these Regulations unless otherwise provided in the third and fourth paragraphs.

The provisions of sections 26 to 28 shall also apply to registrations made on the basis of the Designs Act of 13 March 2003 even if the application was filed before these Regulations entered into force.

Chapter 7 of these Regulations, apart from section 32, first paragraph, shall also apply to designs which were registered or for which registration was applied prior to the entry into force of these Regulations.