Representation before the EUIPO: Guidance for Norwegian representatives

Who can represent before the EUIPO?

The right to represent depends on the representative’s qualifications.

The European Union trade mark Regulation (EUTMR)/European Union design Regulation (EUDR) define two main categories:

1. Legal practitioners
2. Other professionals

Legal practitioners

If you are a legal practitioner in an EEA country and have a place of business within the EEA, you can represent in trademark cases, provided that you have the right to do so in your home country.

The same requirement applies to design matters.

Conditions:

You can act as a professional representative before the EUIPO if you:

• are a qualified legal practitioner in an EEA country
• have a business address within the EEA
• has the right to act as a representative in trademark matters in an EEA country

In Norway, we have no provision regarding who has the right to act as a representative before the Norwegian Industrial Property Office. Norwegian legal practitioners authorised in Norway can register directly with the EUIPO under this provision.

For design cases, the same considerations apply as in the Paul Rosenich judgment T-527/14.

This follows from EUTMR Article 120 (1)(a)/EUDR Article 78 (1) (a)

How to register:

When you are first represented in a case, you must register with the EUIPO. Here's how:

• Create a user profile via EUIPO's User Area
• Log in and register as a representative in connection with the current case.
• You will then be assigned an identification number.

Note: Registration only takes place in connection with a specific case.

Other professionals

If you are not a legal practitioner but still wish to act as a professional representative before the EUIPO, you can apply for admission to the list of professional representatives.

Conditions:

To be able to act as a professional representative you must:

• be a citizen of an EEA state
• have a business address or employment in the EEA
• have practiced trademark matters in Norway for at least five years

The Norwegian Industrial Property Office will examine whether the applicant has met the requirement of five years of experience.

How to apply:

1. Download the application form from EUIPO (PDF)
2. Send the completed form to: post@patentstyret.no. Remember to enclose documentation demonstrating that you have regularly acted as a representative in trademark and/or design matters before the Norwegian Industrial Property Office  for a minimum of 5 years.
   
   Examples of documentation we accept:
   - Examples of responses to refusals submitted to the Norwegian Industrial Property Office
   - Examples of oppositions/objections/administrative reviews submitted to the Norwegian Industrial Property Office
   The documentation should include examples covering a minimum period of 5 years, and the representative’s name must appear in the relevant documentation.
    
3. The Norwegian Industrial Property Office will verify the information, in particular the requirement of five years of experience.
4. If the conditions are met, you will receive a certificate from the Norwegian Industrial Property Office confirming this. The certificate must be enclosed the first time you act as a representative before the EUIPO.

Representation through an office

A law firm or legal office may be registered as a representative instead of individual persons if:

• the office has at least two qualified representatives, and
• it is clearly indicated that the representation applies to the office as a whole (and not to individual lawyers). The authorization applies to all professional representatives of the office.

The EUIPO does not require a list of all employees, but must be informed if someone leaves. They may also request confirmation that a named representative is employed by the office.

Even if the office is registered as the representative, all submissions must be signed by a natural person, and the names of the representatives must appear beneath the signature.

How to register an office as representative?

• If the office falls under EUTMR Article 120 (1) (a) (a)/EUDR Article 78 (1)(a): Submit registration directly to EUIPO.
• If the office is covered by EUTMR Article 120 (1) (b)/EUDR (1)(b): Submit application to the Norwegian Industrial Property Office for assessment and certificate.