Dividing and merging of trademark applications and registrations

You can request that your trademark application or registration be devided into two or more independent applications or registrations. You can also request the merging of your separate applications and registrations. The same applies to international trademark registrations where Norway is designated.

Why devide an application?

If the Norwegian Industrial Property Office (NIPO) cannot register your application for parts of the list of goods, you can request that the application be devided. This means that the trademark is registered for the goods and services that NIPO has agreed to. Case processing continues as normal for the remaining goods/services.

When can you claim deviding?

You can at any time during the application processing at the NIPO demand that the application be divided. However, the application cannot be shared after the complaint has been forwarded to the Norwegian Board of Appeal for Industrial Property Rights (KFIR).

Why devide a registration?

If you are to transfer parts of your trademark registration, you can demand that the NIPO devides the registration. Then you keep your registration for the goods/services you will have yourself. You can then transfer the split registration with the other goods/services.

As long as the trademark registration is still valid, you can request that it be split into two or more registrations. You can also demand that a previously separated registration be fully or partially merged again at a later time.

How do you proceed?

Submit the request for division or merger to the NIPO through Altinn.no. Use the form for correspondence to the Swedish Patent Office.

Requirements for deviding a trademark application

  • A request to devide an application must contain the original application number and information about which goods and/or services the original and the (or the) new application(s) must include.
  • You must pay a fee to the NIPO for each new application. Such a new application is referred to as a split application.
  • A divided application cannot include goods and services that were not included in the original application. Nor can the divided and the original application cover any of the same goods and services.

Requirements for sharing a trademark registration

  • A request for the deviding of a registration must contain the original registration number and information about which goods and/or services the original and the (or the) new registration(s) will cover.
  • You must pay a fee to the NIPO for each new registration. Such a new registration is referred to as a split registration.
  • A split registration cannot cover goods and services that were not included in the original registration. The split and the original registration may also not cover any of the same goods and services.

Requirements for merging separate applications and registrations

  • The claim must contain the application or registration number, the number of the application or registration with which it is desired to be combined, and which goods and/or services the combined application or registration must include.
  • If you request a partial merger, the request must contain which goods and/or services are to be included in the application or registration to which the goods and services are transferred.
  • You must pay a fee to the NIPO.

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 NIPO, and not directly to WIPO (World Intellectual Property Organization). You must complete form MM22 (split) or MM24 (merger) in Word format and submit it with the claim.

You can only demand deviding from the time the NIPOe has received notification from WIPO that Norway has been designated in the international registration.

  • Claims for deviding submitted while the international registration is being processed must meet the same conditions that apply to the sharing of national trademark applications, cf. trademark regulations §§ 18 and 19.
  • Requests for division submitted after the international registration has been given effect in Norway must meet the same conditions that apply to the division of national trademark registrations, cf. Trademark Regulations §§ 20 and 21.
  • 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 sharing.

What if the conditions are not met?

If the conditions for sharing or merging are not met, you as the holder are given a deadline to make your statement. You are also given a deadline to correct the deficiencies if possible. If you do not correct the deficiencies within the deadline, we will drop the claim, but with the possibility of reinstatement.

If you do not pay the fee by the deadline, there is no way to correct the deficiency. The application will then be dismissed.

How much does it cost?

You will find the price for devidng and merging trademark applications and registrations under the section "Other fees" on the price page.