Spørsmål og svar om varemerke

A trademark must have distinctiveness or be distinctive in order to be registered. This means that the mark must be capable of distinguishing the goods or services of the business from those of others.

A trademark is considered descriptive when it simply tells something about the goods or services.

For example, VINTER (Winter) or WARM on a jacket would indicate that it is suitable for use in winter. SUPER suggests that the goods are of good quality, and FAMILY indicates who the products are aimed at. Such descriptive words cannot be registered as trademarks.

This is a term we use when a large part of the customer base would believe that two trademarks have the same commercial origin, for example, that they come from the same manufacturer.

Similarity of goods means that two trademarks apply to the same or similar goods. If the trademarks apply to services, we often refer to it as similarity of services.

Similarity is a term used in the assessment of similarity of goods/services.

If two trademarks apply to exactly the same goods, we often use the term "identity of goods" or say that they are the same or identical goods. If the goods are similar to each other, meaning they have the same purpose, are used together, are normally produced from the same type of material, etc., we say that there is similarity.

Genericization occurs when a trademark becomes the actual word for a product or service, thus losing its function as a distinctive sign.

Examples of this include "linoleum," "gramophone," and "thermos," which were once trademarks for different products, but over time, the trademark became the generic term.

An association of businesses can obtain exclusive rights for its members to use a trademark or another sign for their goods and/or services.

A collective trademark is a shared trademark:

• for use by members of an association or union, or
• that can be used as a guarantee/control mark by a government authority or association that oversees goods and services.

Examples: stamps on organic products, environmental labels, or a collective trademark for use by members of a sports federation.

A specific sound that indicates a commercial origin can be registered as a trademark.

Examples could be the sound when a computer is turned on, the sound when a radio program starts, or the sound a mobile application makes when the user sends or receives money.

You must submit an audio file that reproduces the sound along with the trademark application. Alternatively, you can submit an accurate representation of the sound in a musical notation system.

A trademark that consists of or includes a movement or a change in the position of the elements of the trademark.

For example, it could be a trademark consisting of a logo that moves, changes color, or where new elements are introduced over time.

In the trademark application, you must submit a video clip that shows the mark. Alternatively, you can submit numbered still images that show the movement or the change in the position of the trademark elements.

This is a trademark where one or more colors are sought to be registered as a trademark in themselves.

An example is the color pink for insulation material. Strict requirements are set for a specific business to obtain exclusive rights to a color or color combination for a product or service.

A combined mark or figurative mark registered in a specific color is not considered a color trademark.

You can register a specific scent for a product, for example, the scent of beer for darts or the scent of motor oil for magazines.

This is a type of trademark where, at present, there is uncertainty about whether it falls under the trademark category and how these might be represented graphically.

We recommend that you submit your application via our Application guide, but it is also possible to apply via Altinn. If you use Altinn, make sure to select the correct role at the top right of the page before starting your application.

You can get simpler help from us, for example information about what information you need to include in your application. We cannot help you write the application.

You can find applications that have been started or submitted by logging in to your page in Altinn.

Go to started and submitted applications

Når du søker om å få registrert et varemerke, må du oppgi hvilke varer og tjenester (produkter) du tenker at varemerket skal brukes på. Alle varer og tjenester er delt inn i et system som består av 45 ulike klasser.

Du betaler et søknadsgebyr for at vi skal behandle søknaden din. En varemerkesøknad koster fra kr 3 800. 

Registreringen varer i 10 år fra søknadsdatoen. Du kan fornye registreringen din hvert 10. år et ubegrenset antall ganger. Fornyelsesavgiften koster fra kr 3 400.

The submission day is the date the application is submitted, meaning the day the Norwegian Industrial Property Office has received the application.

You can search for your case in our register. Enter your application number in the search field and select Trademark, Patent, or Design. Click on your application number in the search results and find the status of your application under Key Information.

Du kan forvente svar innen 3 uker hvis du betaler ved innlevering av søknaden og bruker forhåndsgodkjente navn på produkter (termer) fra produktvelgeren. 

Behandlingen av lyd-, bevegelses-, multimedia- og hologrammerker kan ta lengre tid.  

Hvis søknaden ikke er betalt ved innlevering, eller du ikke har valgt forhåndsgodkjent varefortegnelse, kan du forvente svar innen 4 måneder etter at vi har mottatt betaling.

When we conduct a substantive examination of an application, we assess whether it meets all the legal requirements for us to register a trademark or design, or publish a patent.

A trademark application must, among other things, include a list of all the products (goods or services) for which you want the trademark registered, while the description in a patent application must be clear enough for a professional to carry out the invention based on it. In a design application, you must submit good and clear images of the design. The law sets several such requirements that an application must meet.

After we have reviewed the application, we send a letter with a substantive assessment to the applicant. This is an assessment and not a final decision. There may be multiple substantive assessments in a case.

After we have reviewed the application, we send a letter with a substantive statement to the applicant. This is an assessment and not a final decision. There may be multiple substantive statements in a case.

A limited list of goods means that the list of goods has been restricted compared to the one submitted with the application.

The Norwegian Industrial Property Office may suggest that you limit the list of goods if we cannot register your trademark for all the goods or services. In this case, you may still be able to have the trademark registered for some of them. You can also suggest limiting the list of goods yourself in order to get the trademark registered. It is not possible to expand a list of goods.

The registration of a trademark for fewer goods than in the original list of goods.

An exception notice is an indication in a trademark registration that one or more elements of the mark are not covered by the protection provided by the registration. The purpose of the exception notice is to avoid uncertainty regarding the scope of trademark rights. If a mark is registered without an exception notice but still contains one or more elements that cannot be registered separately, the protection will not cover those parts of the mark.

Publications of information about patents, trademarks, and designs are made in the Norwegian Gazette.

We publish the Norwegian Patent Gazette and the Norwegian Trademark Gazette weekly. The Norwegian Design Gazette is published biweekly.

We announce information about new trademarks and designs when they are registered.

We publish bibliographic details about patent applications upon submission and when the application becomes publicly available after 18 months.

The patent is also published when it is granted.

The application can be withdrawn by the applicant or the applicant's representative if desired.

The application cannot be re-established afterward.

If your application has been shelved, we can resume processing it once you have corrected the deficiency that caused the shelving. You must also pay a reinstatement fee.

The deadline for applying for re-establishment is two months. The deadline is calculated from the expiration of the original deadline that led to the application being shelved.

An application is considered finally shelved if it is not re-established within the specified deadline. Once an application is finally shelved, it can no longer be re-established.

Your Norwegian trademark application is only valid in Norway. If you want protection in multiple countries, there are different ways to proceed.

Read more about international trademark registration

Convention priority allows an applicant to claim protection for their trademark in other countries from the date the application was filed in the first country, in accordance with the Paris Convention.

The deadline for claiming convention priority is six months. Essentially, this priority acts like a "queue ticket" that lasts for six months from the filing of the first application.

The World Intellectual Property Organization (WIPO) is one of the United Nations' specialized agencies.

WIPO's main task is to promote the development of intellectual property rights globally and it is the central international organization in this field.

WIPO has 188 member countries and is headquartered in Geneva, Switzerland.

An international agreement that makes it easier to apply for international trademark registration in multiple countries simultaneously.

Individuals or companies with a connection to one of the member states of the Madrid Protocol can apply for registration in other member countries based on a national trademark application or trademark registration.

Norway is a member of the Madrid Protocol.

The European Union Intellectual Property Office (EUIPO) is responsible for the management of the EU trademark and EU design.

They collaborate with patent offices in EU member states and international partners to offer a comprehensive registration experience for trademarks and designs in Europe and globally.

Previously known as OHIM.

An EU trademark, once registered, applies in all countries that are members of the EU (it does not apply in the EEA).

Applicants who reside in Norway or companies based in Norway can submit an application for an EU trademark (EUTM) directly to the EUIPO trademark office in Alicante, but it may be beneficial to use a representative who is authorized to assist clients in the EU.

Yes. A trademark registration is valid for 10 years. After that, you must renew it.

Read more about payment and trademark renewal

Renewing your rights is voluntary. As such, we do not send invoices for the annual fee for a patent or the renewal fee for a design or trademark. You will only receive a notification letter approximately two months before the payment deadline for patents and designs, and six months before the payment deadline for trademarks. Here’s how you can make your payment:

Please be aware that unscrupulous operators may send invoices for annual or renewal fees, often obtaining business information from public databases. Do not pay invoices from unknown companies.

After the renewal fee has been paid, you will receive a renewal certificate either on the 2nd or the 15th of the month, at the earliest 10 business days after the payment is completed. The certificate will also be available in our register, under the documents related to your entitlement.

Yes. You must monitor your trademark yourself.

Through our trademark register, you can set up alerts on a case, and you can save searches that keep up with what competitors are doing.

How to set up notifications?

1. Start with a search in the search service
2. From the hit list, you have the option to set up an alert by clicking "Save Search" (this will set up an alert for the entire search) or check one or more specific cases and click "Follow Case".

Objections to an application for a trademark, patent or design before it is eventually registered as a trademark/design or granted a patent.

A protest can be submitted at any time before the application is registered/notified. After registration of a trademark/design or grant of a patent, the term opposition or administrative review is used.

Read more about the possibility of filing a protest against an application for a trademark, patent or design.

An objector is the legal entity that has filed a protest during the application processing.

A trademark application can be transferred from the original applicant to anoyone who can prove entitlement to the application.

The scheme applies at the application stage. After the trademark or design has been registered, you must file an opposition within the opposition deadline to have the right transferred to you.

Anyone who believes that a trademark has been registered on an incorrect basis can submit a written opposition to the registration to NIPO.

The deadline for submitting an opposition is three months from the day registration was announced. The opposition may result in the registration being wholly or partially revoked.

The legal entity that has filed an opposition after a trademark has been registered or a patent has been granted.

The administrative review procedure is a quick, simple and cheap alternative to court actions.

Anyone with a legal interest can request an administrative review. The scheme can be used in all three areas of patent, trademark and design, as well as company name.

The legal entity that requires administrative review.

You can appeal a decision by submitting a written statement. Use the form "Claims and complaints to the Norwegian Industrial Property Office (NIPO) and the Norwegian Board of Appeal for Industrial Property Rights (KFIR)" in Altinn.

You must include the case number, the grounds for the appeal and possibly attach documentation that can support your appeal.

The Norwegian Board of Appeal for Industrial Property Rights (KFIR) is an independent, court-like body under the Ministry of Trade, Industry and Fisheries.

The Board of Appeal handles appeals against the decisions of NIPO concerning patents, trademarks and designs. It also handles appeals related to company names, the Precious Metals Act, and the regulation on the registration of responsibility marks.

You must submit appeals against decisions made by NIPO to NIPO itself, but the Board of Appeal takes over all case processing.

Additionally, the Board of Appeal processes and decides on appeals regarding certain decisions made by the Plant Variety Board in accordance with the Plant Breeders' Rights Act.