For Norwegian representatives: how to represent clients before EUIPO
Conditions and registration
Lawyer or trainee lawyer
If you are a lawyer or authorised trainee lawyer, you should register direct with EUIPO. The first time you register, you will be allocated an identification number. Registration must not take place until you have a specific case at EUIPO.
The conditions that must be met are set out in Article 120(1)(a) of the EU Regulation:
1. Representation of natural or legal persons before the Office may only be undertaken by: (a) a legal practitioner qualified in one of the Member States of the European Economic Area and having his place of business within the European Economic Area, to the extent that he is entitled, within the said Member State, to act as a representative in trade mark matters.
EUIPOs Guidelines for examination PART A General Rules Section 5 Professional Representation:
As regards registered Community design (RCD) proceedings, according to Articles 77 and 78 CDR, the relevant territory for establishing the obligation to be represented and the place where the representative must be based in the sense of Article 78 CDR is the EU. However, following the judgment in the Paul Rosenich case (judgment of 13/07/2017, T-527/14, PAUL ROSENICH, EU:T:2017:487), the Office deems the EEA to be the relevant territory, with the result that the considerations previously applied to the EEA in trade mark matters now also apply to designs.
In principle, representatives do not need to file an authorisation to act before the Office unless the Office expressly requires it, or where, in inter partes proceedings, the other party expressly requests it.
How to proceed:
- See “Change of representative” and “Authorisation to represent before the EUIPO” on the EUIPO website. EUIPO recommends that you “apply online” where this is an option.
- Access to all online services of EUIPO: Online Services.
- You obtain access to “User Area” by setting up a user account: Create New User Account.
Others wishing to represent before EUIPO
Others wishing to represent before EUIPO can apply for authorisation from the Norwegian Industrial Property Office. There are three conditions that must be met, and these are set out in Article 120(2)(a-c):
2. Any natural person who fulfils the following conditions may be entered on the list of professional representatives:
(a) being a national of one of the Member States of the European Economic Area;
(b) having his place of business or employment in the European Economic Area;
(c) being entitled to represent natural or legal persons in trade mark matters before the Benelux Office for Intellectual Property or before the central industrial property office of a Member State of the European Economic Area. Where, in the State concerned, the entitlement is not conditional upon the requirement of special professional qualifications, persons applying to be entered on the list who act in trade mark matters before the Benelux Office for Intellectual Property or those central industrial property offices shall have habitually so acted for at least five years. However, persons whose professional qualification to represent natural or legal persons in trade mark matters before the Benelux Office for Intellectual Property or those central industrial property offices is officially recognised in accordance with the regulations laid down by the State concerned shall not be required to have exercised the profession.
The Norwegian Industrial Property Office will check whether the applicant meets the requirement of five years’ experience.
Send application to the Norwegian Industrial Property Office:
- Complete the application form on the EUIPO website (PDF)
- Send the application form to email@example.com
The Norwegian Industrial Property Office will process the enquiry and check the information you give with respect to whether the requirement of five years of experience is met. If this condition is met, you will receive an individual certificate from the Norwegian Industrial Property Office. You should present this certificate to the EUIPO the first time you register in a case before EUIPO. You only need to attach the certificate the first time you make an enquiry to EUIPO. They will not require you to present it every time you act in cases before them.
Norwegian firms of legal practitioners/firms of professional representatives can act as representatives.
A firm of legal practitioners or firm of professional representatives may be listed as a representative instead of the individual lawyer, trainee lawyer or representative.
EUIPO requires the firm of legal practitioners or firm of professional representatives to consist of a minimum of two partners or representatives.
When you register with EUIPO, it must be clearly apparent that it is the firm of legal practitioners or firm of professional representatives that is concerned, and not the individuals who work for your firm. The nomination of a firm of legal practitioners or firm of professional representatives applies to all professional representatives who work there.
EUIPO does not wish you to attach information about the names of the representatives who work for you. They do, however, wish to be informed if any of these persons leave the firm. EUIPO also reserves the right in individual cases to have it confirmed that a particular representative actually works at the firm of legal practitioners or firm of professional representatives.
Although it is the firm of legal practitioners or firm of professional representatives that acts as representative, all applications, enquiries and correspondence have to be signed by a physical person, and the list of representatives must appear below the signature.
- If the firm of legal practitioners or firm of professional representatives which is to represent before EUIPO falls within the definition in Article 120(1)(a), the enquiry must be made directly to EUIPO.
- If the firm falls within the definition in Article 120(1)(b), you must send the application form to the Norwegian Industrial Property Office. When the Norwegian Industrial Property Office has issued a certificate, you submit it to EUIPO.
See more in EUIPO's Guidelines on professional representation (section 3.4.3.)
You will find the Guidelines on the EUIPO website:
The conditions for representation by Norwegian representatives apply from 1st October 2017 for design, and from 23rd March 2016 for trademarks.
If you have any questions, contact:
- Senior Advisor Trine Hvammen-Nicholson,
tel: +47 22387542, e-mail: firstname.lastname@example.org
- Head of Section Knut Andreas Bostad,
tel: +47 22387405, e-mail: email@example.com