How to apply for trademark registration

You should read this before starting the application. Once you have submitted the application to the Norwegian Industrial Property Office, you cannot make changes, and you will not get the application fee back.

Before starting the application

There are certain requirements that must be met in order for us to register the trademark. Among other things, others must not have registered the same trademark.

You must also choose what kind of trademark you want registered, for example plain text or a logo/figure. This can affect whether you get your trademark registered or not, and can also affect the type of protection you get. You can choose to apply for several types of marks, but remember that you can only submit one mark per application.

Choice of goods and services (products)

When you apply for trademark registration, you must choose which goods and services the trademark will be used for. The exclusive right you get only applies to the goods and services you choose. These are divided into an international class system. Class 1-34 are for goods and class 35-45 for services. All classes have a class heading that explains which products are included in the class.

If you are going to sell and market your own products, you get this exclusive right by registering the product itself. You therefore do not need to choose a separate class for marketing for this.

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Forgot to add some products?

Unfortunately, you cannot add more products after the application has been submitted. Therefore, think carefully about which products you will use the trademark on now and in the future.

A product list can never be extended after submitting an application, but it can be limited. This is typically done to avoid registration obstacles or to be able to enter into agreements with holders of previously registered rights.

You must state the goods and services "clear and unambiguous”, see § 10 of the trademark regulations. This means that the market (competitors), the Norwegian Industrial Property Office and other authorities must be able to determine the extent of the exclusive right you are applying for on the basis of the list of goods. (E.g. to assess the freedom of action of other traders.)

You can limit the item list by:

  1. deleting an entry

  2. specifying an entry to include something particular, for example; “machines, namely sewing machines”

  3. excluding something from a broad specification, for example “Class 9: Operating systems, except operating systems for mobile phones”.

Tips for creating a clear and unambiguous limitation:

  • Only make exceptions for goods and services that are included in the list of goods already submitted.

  • State the goods/services using a specification (positive statement) if possible.

  • The exception should apply to specific goods and services, and be clearly and concisely stated.

  • Objective characteristics of the product or service are often OK, e.g. "Class 30: Coffee, except decaffeinated coffee" while more subjective characteristics of the product or service are more easily unclear (the quality of the product or who the sales circle is) E.g. "Class 30: Coffee, only for sale in the county of Innlandet"

In its guidelines, EUIPO has given an overview with examples of which restrictions they accept and do not accept. If you follow these guidelines when you make a restriction, the Norwegian Industrial Property Office will also be able to approve it.

What is a binding constraint?

  • You submit a new, approved list of goods which you ask the Norwegian Industrial Property Office to use as a basis for further processing
  • You submit a new list of goods that is similar to a proposal from the Norwegian Industrial Property Office
  • You submit a new inventory without reservation.

You can demand that the trademark application or registration be split into two or more applications or registrations. It may be relevant if we cannot register the application for parts of the product list, or if, for example, parts of the product list are to be transferred to others.

File format

We recommend that you use the following file formats:

  • Text documents: .docx or .PDF
  • Pictures: .jpg
  • Lists: .xml

We cannot receive files via external file transfer services such as e.g. Dropbox or WeTransfer. You must send documents via Altinn or email.

Find started or submitted application?

Once you have submitted your application, all further correspondence in the application processing between you and us will take place digitally. Letters will be available under "My messages" and in your message box in Altinn. Your receipt will be available here afterwards.

Payment

You pay at the same time as you submit your application via our application wizard.

If you submit your application via Altinn, you can pay at the same time or ask to be sent an invoice.

Foreign customers without a Norwegian social security number must use their own forms.

Processing time

If you have applied via our application wizard or Altinn, you can expect a response to your application within 3 weeks.

Applications that have not been paid at the time of submission can expect a response within 5 months after we have received payment.

Start a trademark application

Go directly to our application wizard to start the application process. The link goes to a login page. After logging in, you can start the application.

What happens next?

Do you need help in the application process?

Get an overview of what opportunities you have and what you must do if you want to file an application. The experts at NIPO have long experience and know what you should think about.

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