Guidance on completing an international trademark application

See also the WIPO guidance MM2.INF.

About the application form:

Form MM2 can be downloaded from the WIPO website. You must complete the application form in typescript. The language must be English. Send the completed application form to the home country authority, which in Norway is the Norwegian Industrial Property Office.

Point 1: Contracting party whose office is the office of origin

Enter the name of the country, “NORWAY”.

Point 2: Applicant

Type name and address. This must be the same name and address as are registered in the Norwegian basic application/registration. Enter telephone number. We recommend that you enter an e-mail address; all correspondence from WIPO will then be sent electronically.

If there are more than one applicant, enter only the name and address of one applicant under point 2. The other applicants can be entered for example on the “continuation sheet” located at the back of the application form.

Point 2(e): Tick the box to indicate that English is the desired language for communication.
Some countries require information that is asked for under 2 (f):

2(f) (i) If the applicant is a person (or two more or more persons), the applicant’s nationality must be entered.

2(f) (ii) If the applicant is a firm, the type of business entity must be entered (AS, ANS, etc.). The country in which the company is registered must be entered on the line below (e.g. Norway).

Point 3: Entitlement to file

This point applies to the applicant’s entitlement to submit an international application, i.e. whether you are a national of the country in which you submit the application, whether you have a domicile in the country in which the application is submitted or whether you have a real and effective industrial or commercial establishment in the country concerned. Here you need only tick one of the boxes, but you can tick more than one box if you wish to do so. If the address entered under point 2 is outside Norway, an address in Norway must be entered under (b).

If two or more of you are making a joint application, each of the applicants must have the necessary attachment to Norway. It is not necessary for the attachment to be the same for all the applicants. Information concerning the attachment of the other applicants to Norway can be presented on the “continuation sheet”.

Point 4: Representative

If you wish a representative to represent you in relation to WIPO, the name, address, telephone number and e-mail address of the representative must be entered under point 4. Information about the representative’s name and address is all that is needed to establish representative status in relation to WIPO. You do not need to provide power of attorney.

Point 5: Basic registration or basic application

If the international application is based on a national application, enter the application number and application date. If the international application is based on a national registration, enter the registration number and registration date, not the application number.

If the international application is based on more than one national application or more than one national registration, enter all these with the respective dates (if so, use the continuation sheet). Enter the applications/registrations in chronological order.

Point 6: Priority claimed

If you are claiming priority, you must state in which country the application was first submitted. Priority date and application number must also be stated.

If, for example, you are claiming priority from your first Norwegian basic application/registration, fill in as follows: Tick the box at “The applicant claims the priority of the earlier filing mentioned below:” Office of earlier filing: Norway Number of earlier filing: Application number Date of earlier filing: Date when Norwegian application was submitted (priority date).

If the priority does not apply to all goods/services in the international application, indicate the goods or services for which you are claiming priority. If you are claiming priority from two or more applications/registrations, check this box, and list all the applications/registrations for which you are claiming priority in chronological order on the continuation sheet.

Point 7: The mark

A reproduction of the trademark must be inserted into Box 7(a). Box 7(b) is not relevant to Norwegian applicants, and must not be used. The reproduction must be identical to the trademark as it appears in the basic application or basic registration.

The reproduction of the trademark must not be larger than 8.0 cm x 8.0 cm. If the trademark is a three-dimensional mark, the graphic reproduction of the trademark in the international application must be identical to the trademark that appears in the basic application or basic registration.

* Standard letters: If the trademark is a word mark without a figurative element, check box (c).
* If the trademark is a pure colour mark, check box (d). (A pure colour mark is a trademark consisting solely of one or more colours, and not containing text or figurative elements).

Point 8: Colours claimed

Check the box if the trademark is in colours. The colour or combination of colours must be indicated using words. This is in addition to the reproduction of the mark in colours. Under (a) you can type, for example: The colours black, blue, and purple are claimed as a feature of the mark. Under (b) you can give a more detailed description of the location of the colours in the mark.

Point 9: Miscellaneous indications

(a) Transliteration (conversion letter by letter to another alphabet):
If the trademark consists of elements with characters other than Latin letters or numerals other than Arabic or Roman numerals, the elements must be transliterated to Latin letters or Arabic or Roman numerals. The transliteration must follow the phonetics of the language in the international application, which for applicants with a Norwegian base will be English.

(b) Translation
If the trademark consists of words that can be translated, you should translate the word or words into English. Translation is optional, but saves time for the designated countries’ authorities in cases where they require such a translation.

(c) The word elements in the trademark do not have any special meaning:
If the trademark consists of words that do not have a particular meaning (the words are invented words), you can check box (c). This may prevent processing of the application in the designated country being drawn out in time to await confirmation that the word elements do not have a special meaning.

(d) Special type of mark:
If the trademark is a three-dimensional mark (get-up), a sound mark or a collective mark, etc., you must indicate this by checking the appropriate box. See WIPO's guidance MM2.INF regarding collective mark provisions.

(e) Description of the trademark:
If a description of the trademark is included in the basic application or the basic registration in addition to the reproduction of the trademark, the same description must be included in box (d). Regardless in what language the description is submitted in the basic application or basic registration, the description of the mark in the international application must be presented in English. It is only the additional information about the trademark explicitly appearing in the basic application/registration that is to be included in box (d).

(f) Word elements in the trademark: (Voluntary):
To identify the trademark, WIPO makes use of the word elements in the trademark indicated under point 7. This indication is used as an identification in the Romarin database, as well as in notifications and other correspondence. Where the word elements in the trademark are designed with a figurative feature or consist of two or more word elements, you can make sure that the word element in the figure mark is spelt correctly and/or indicate what word elements you wish to be the key words in identification of the mark. Such an indication is meant only as information, and will have not have any legal significance. An indication in item (f) is not to be included if the mark is a word mark with standard letters.

(g) Disclaimer:
If a disclaimer has been included in the Norwegian basic application/registration, this will not be automatically apparent from the international application. It is not mandatory to state in the international application whether or not a disclaimer has been included in the basic application/registration. However, there are wide differences between the different countries with regard to the practice of disclaimer. It is up to the national legislation of the designated countries whether they require a disclaimer to be included or not, independently of whether such a disclaimer is included in the basic application/registration. But if a disclaimer is stated in the international application, this will apply to the international registration as a whole – the disclaimer cannot apply solely to some of the designated countries.

Point 10: Goods and services for which international registration is sought

10 (a): State the goods and services for which registration of the trademark is sought: This will usually be a translation into English of the list of goods and services (list of goods) in the Norwegian basic application/registration. The goods/services must be indicated by class number and must be stated in precise terms. The list of goods in the international application can be narrower than the list of goods in the basic application/registration, but it cannot be broader. This means that the list of goods cannot cover more or different goods and services than are covered by the Norwegian basic application/registration.
Use a separate sheet for the list of goods if necessary, in addition to point 10. If you do so, check the box under point 10.

On the WIPO website you will find:

10 (b): The list of goods in the international application can be limited in relation to one or more designated countries. This limitation may differ for the different designated countries. If appropriate, enter these limitations in point10 (b).

Point 11: Designated contracting parties

You can indicate in which countries or organisations you wish to have trademark protection by checking one of the boxes indicated under point 11. You cannot designate your own home country.
Use the dotted line for “Others” only if new Contracting Parties have been added that are not listed on the application.

*If the European Union is designated, you must check the box for another working language in addition to English. This other working language must be one of the other four official languages of OHIM: French, German, Italian or Spanish. This second working language will be an alternative language for third parties to use in any objections or actions for deletion before OHIM.

*Seniority claim (if the EU is designated):
If you already have protection for an identical trademark in a Member State of the EU, you can claim “seniority” from this previous registration. You should then use form MM17. For further information about “seniority claim”, see B.II.101.01-101.04 in the “Guide to the international registration of marks”.

*If the USA is designated: Declaration of intention to use the mark:
The USA requires a declaration on a separate form if you intend to use the mark commercially in the USA. In addition to the usual application form, you must submit an MM18 form for designation of the USA to be valid. If the form is not attached to the application, it can be forwarded to WIPO within 2 months after the date on which the Norwegian Industrial Property Office received the MM2 form. You can find the MM18 form here. Point 2(f) on the MM2 form must also be completed if the USA is designated.

Point 12: Signature by applicant or representative

The Norwegian Industrial Property Office requires the applicant or representative to sign the international application.

Point 13: Certification and signature by office of origin

This item is to be completed by the home country authority (office of origin). Here the Norwegian Industrial Property Office has to confirm that the information in the international application is in agreement with what is stated in basic application or basic registration, and on what date we received the international application.

Fee calculation sheet

(a) Complete only if you are registered with a payment account at WIPO.

(b) Detailed calculation of the amount of fees can be completed, but this is not necessary. Calculate the amount of fees using the “Fee Calculator” and enter the total amount on the dotted line for “Grand Total (Swiss francs):”

(c) “Identity of the party effecting the payment”: Fill in name and address of whoever is paying the fee.

Two alternative methods of payment are listed: a bank account and a postal account. If you have paid the fee before you submit the application, check the box for the account to which you are paying, reference number of the transfer, and date on which you have paid. If you have not yet paid the fees, these fields can be left blank.

 

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