Extended deadlines trademark

If you do not have the opportunity to respond to our letter within the deadline we have given you, you can ask for a deadline extension.

Important information about deadline extension

  • We respond to all requests for a deadline extension in a letter with a new response deadline.
  • 1st and 2nd request for extension: We do not require any justification. Each deadline is six months.
  • As of the 3rd deadline: You must justify the deadline request. Each deadline is three months.
  • How many time extensions NIPO can grant, we assess concretely on the basis of the individual case.

Deadline for submitting a power of attorney

If a power of attorney is missing in a national application that is ready for registration or an international registration that is ready to be given effect in Norway, we give a 2-month deadline to submit the power of attorney. It is not possible to extend this deadline.

If we do not receive a power of attorney in time, the trademark will be registered/given effect in Norway without a power of attorney. The proxy can at any time later submit a power of attorney and again be noted as a proxy in the case.

Deadline extension in objection cases

In objection cases, we require a justification from the first request for a deadline extension. Each deadline extension is for 1 month, and you will receive an answer from us whether we can accept the deadline extension or not. We always inform the other party if we grant a deadline extension.

Examples of reasons we can accept

  • You are in consent negotiations and need time to obtain consents.
  • You need time to obtain documentation showing incorporation.

Examples of reasons we do not accept

  • Holiday settlement
  • The agent waits for instructions from the client.
  • You need more time to decide on a strategy.

If the justification is missing or insufficient

You will receive a letter giving you one month to either submit a new statement of reasons or respond to our statement.

If we receive sufficient justification for the deadline request within this deadline, we will grant a new deadline extension calculated from the end of the previous response deadline in the case. The deadline of one month therefore does not imply a further additional deadline.

If, on the other hand, we do not receive a response or sufficient justification for the deadline request by the end of the deadline, the case will be dismissed.

It is not possible to appeal against any rejection of a request for a deadline extension. See Section 49 of the Trade Marks Act.

When do we put the processing of a trademark application on hold?

The most common reason why the NIPO puts processing of an application on hold is that we are simultaneously processing one or more older applications that are similar to the newer case. We call this putting the case on hold. The marks in the older applications may be an obstacle to registering newer marks that we have received later. The outcome of the oldest case may therefore have an impact on the outcome of the younger one. We then normally put the processing of the most recent application on hold until we have decided which application or registration has a higher priority.

We can also put processing on hold when similar cases are dealt with by the appeals body The Norwegian Board of Appeal for Industrial Property Rights (KFIR) or by the courts. This applies if the outcome of the complaint processing in KFIR or the court proceedings can fully or partially affect the outcome of the case we are currently processing.

The rationale for putting the processing of a case on hold is both the "first in time — best in law" principle and the desire to have the most efficient case processing process possible.

The option to put the proceedings on hold (suspend) does not apply, for example, if you are only waiting for a consent or a power of attorney, or if it is time-consuming to collect documentation showing incorporation. Then you have to ask for a deadline extension instead.

How to request a deadline extension?

Use Altinn (correspondence to NIPO), possibly e-mail or letter to the Norwegian Patent Office, and mark the request as "deadline extension".

If you have a Norwegian ID number and can use the ID port, you can also request an automatic deadline extension by logging in to "My cases".

Continued treatment

If you have not met the set deadline, you can in some cases request that your application be taken up for consideration again.

Deadlines that cannot be extended

We do not grant extensions of time to correct formal deficiencies, such as failure to pay a fee and to submit a power of attorney.

Nor can we extend statutory deadlines (for example deadline for resumption, see Section 23 of the Trade Marks Act).

Do you have questions?

Contact our customer center on +47 22 38 73 00.