What can you do if your trademark has been rejected?

1. Complain about the assessment
2. Get help and guidance
3. Accept our offer til register some of the goods and services 
4. Submit a new application
5. Use your trademark as it is, but be careful
6. Ask for the consent of the owners of the trademark that may be confused with yours
7. Administrative review

1. Complain about the assessment

The letter you have received from us states how to proceed if you wish to appeal the decision.

• Remember to complain within the deadline given in the letter.
• Submit arguments that justify why you disagree with our assessment. We will then reconsider the case. You can either argue for yourself, or get someone else, such as a lawyer or patent attorney, to help you with this. A list of professional advisers can be found in the «Professional Adviser database» at: iprhjelp.no.
• If your trademark lacks distinctive character, you must show evidence that it is in commercial use throughout Norway, if the Norwegian Industrial Property Office is to consider registration. If you can prove that the trademark is in commercial use, attach documentation of this in your complaint. Read more about establishment of use.
• You can ask for oral hearings.
• You can request an extension of the deadline if you find it difficult to respond within the deadline. Read more about deadline extension.

2. Get help and guidance

• You can call the case officer who has signed the letter or our Customer Service Centre for a clarification of the refusal and for guidance, telephone +47 22 38 73 00.
• You can book a meeting with us digitally or in person. Book a meeting. Please state your application number when contacting us.

3. Accept our offer to register some of the goods or services

• If we have written that it is possible to register the trademark for some of the goods or services, let us know in writing that you want the trademark registered for the goods or services stated in the letter from us. We will then register the trademark for these goods or services.
• In this case, you will not receive a formal decision for the other goods or services we have refused. This means that you can not appeal the Norwegian Industrial Property Office's assessment to our appeal body, KFIR, unless you choose to split the application. Read more about splitting an application.

4. Submit a new application

• You can further develop your trademark to create a unique trademark that meets the registration requirements. Remember that the trademark must be able to distinguish your goods or services from others and not be confused with other registered trademarks. For example, you can add a distinctive logo or text.
• To be more successful with your new application, we suggest you read more about the requirement for distinctiveness and other tips on what you can get the exclusive right.

5. Use your trademark as it is, but be careful

• If we reject your application because the trademark is descriptive or lacks distinctiveness, it does not mean that we can forbid you to use it. BUT, remember that you do not necessarily have exclusive rights to the trademark, and you should make sure that you do not infringe the rights of others under the Marketing Act, the Company Name Act or the Trademark Act.

6. Ask for the consent of the owners of the trademark that may be confused with yours

• If someone has a trademark that may be confused with yours, you can contact the owner and ask for consent to register your trademark. If you obtain permission, you must send us a copy of the consent. We can then register the trademark. Read more about consent.

7. Administrative review

• Do you believe that the mark that prevents your mark from being registered does not meet the requirements for registration according to the law, or do you know that it has not been used for 5 years? In this case you can submit a request for administrative review to cancel or delete the registration that can be confused with yours. Read more about your appeal options for registered cases.