Dividing and merging trademark applications
Reasons for dividing an application
If the Norwegian Industrial Property Office rejects registration of an application for part of the list of goods, you as the applicant can ask that the application be divided. This means that the trademark is registered for the goods and services for which the mark is registrable. Case processing will continue as normal for the remaining list of goods.
When can you request this?
You can request this at any time during case processing at the Norwegian Industrial Property Office, and while the application is being processed at the Norwegian Board of Appeal for Industrial Property Rights (KFIR).
Dividing registered trademarks
As a holder, you can request a division of your registered trademark, for example when parts of the list of goods are to be transferred to a new holder.
You can request that your trademark (as long as it is still valid) be divided into two or more registrations. You can also request that a previously divided registration be wholly or partially merged again.
How to proceed
If you wish to divide or merge your trademark registration, send your request in writing to the Norwegian Industrial Property Office.
Request to divide a trademark application
- A request to divide a trademark application must contain the original application number and information on which goods and/or services the original application and the new application(s) is (are) to cover.
- You must pay a fee to the Norwegian Industrial Property Office for each new application. Such a new application is termed a divided application.
- A divided application cannot cover goods and services that are not covered by the original application. Neither can the divided application and the original application cover the same goods and services.
Request to divide a trademark application
- A request to divide a trademark registration must contain the original registration number and information on which goods and/or services the original application and the new registration(s) is (are) to cover.
- You must pay a fee to the Norwegian Industrial Property Office for each new registration. Such a new registration is termed a divided application.
- A divided registration cannot cover goods and services that are not covered by the original application. Neither can the divided registration and the original registration cover the same goods and services.
Requirements for merging divided applications and registrations
- The request must contain the application and registration numbers, the number of the application or the registration desired to be merged with, and what goods and/or services the merged application or registration is to cover.
- If you, as an applicant, request partial merging, the request must contain which goods and/or services are to be included in the application or the registration to which goods and services are transferred.
- You must pay a fee to the Norwegian Industrial Property Office.
Division and merger of international trademark registrations
From 1 March 2023, it is possible to divide and merge international trademark registrations where Norway is designated, cf. trademark regulations §§ 51 a and 51 b.
Requests for the division or merger of international registrations must be submitted to the Norwegian Industrial Property Office (NIPO), and not directly to WIPO (World Intellectual Property Organization).
You can only request the division from the time the NIPO has received notification from WIPO that Norway has been designated in the international registration.
Requests for division submitted while the international registration is being processed must meet the same conditions that apply to dividing national trademark applications, cf. §§ 18 and 19 of the regulations.
Requests for division submitted after the international registration has been given effect in Norway must meet the same conditions that apply to division of national trademark registrations, cf. §§ 20 and 21 of the regulations.
For requests to merge previously divided international registrations, the conditions in section 22 of the regulations apply accordingly.
If the conditions for division or merger are met, the NIPO must send a notification to WIPO about noting the division or merger in the international register.
You must pay a fee to the NIPO. A fee must also be paid to WIPO for notification of division.
What if the conditions are not met?
If the conditions for dividing or merging are not met, as holder you will be given a time limit within which to make a statement. You will also be given a time limit to rectify the deficiencies if possible. If you do not remedy the deficiencies within the time limit, we will shelve the request, but with the possibility of resumption.
If you do not pay the fee before the time limit expires, however, there is no possibility of remedying the deficiency. The application will then be shelved.
What does it cost?
You can find the fee for dividing and merging a trademark application in the section "Trademarks - Other fees" on the page concerning prices.
Trademarks Act - Section 23
Trademark Regulations - Sections 18-22, 51a and 51b
Regulation on Fees - Sections 11-13