WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IPINIIINORlTIl/Rev.2 
14 September 1998 
(98-3453) 
Original: English/ 
Anglais/ 
Ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
NORWAY 
Revision 
The present document reproduces! the new consolidated version of the Trademarks Act, 
amended by Act No. 104 of 20 December 1996, as notified by Norway under Article 63.2 of the 
Agreement (see document IPIN/IINORl2). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIP ALES LOIS ET REGLEMENTATIONS CONSACREES A 
LA PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
NORVEGE 
Revision 
Le present document contient le nouveau texte! mis ajour de laLoi sur les marques, modifiee 
par la Loi n° 104 du 20 decembre 1996 et notifiee par la Norvege au titre de l'article 63:2 de l'Accord 
(voir la document IPIN/IINORl2). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL P ARRAFO 2 
DEL ARTICULO 63 DEL ACUERDO 
NORUEGA 
Revision 
En el presente documento se reproduce! la nueva version refundida de la Ley de Marcas de 
Fabrica 0 de Comercio, modificada por la Ley N° 104 de 20 de diciembre de 1996, notificada por 
Noruega en virtud de 10 dispuesto en el parrafo 2 del articulo 63 del Acuerdo (v ease el documento 
IPIN/1INORl2). 
1 In English only/En anglais seulementlEn ingles solamente. IPIN/lfNORlT IllRev.2 
Page 2 
NORWEGIAN PATENT OFFICE 
Trademarks Act 
Act No. 4 of March 3,1961, as amended by Act No. 9 oOune 21, 1963, 
Act No. 33 of May 29,1970, Act No. 47 of June 16, 1972, 
Act No. 79 of June 21,1985, Act No. 113 of November 27,1992, 
Act No. 82 of December 22, 1995, and Act No. 104 of December 20, 1996. 
Bl. 238-1000-04.97 -Sats/repro: Grafutura as -Trykk: SEM Grafisk NS 2 Chapter 1. 
Chapter 2. 
Chapter 3. 
Chapter 4. 
Chapter 5. 
Chapter 6. 
Chapter 7. 
Chapter 8. 
Chapter 9. 
Chapter 10. TABLE OF CONTENTS 
General Provisions 
Registration of Trademarks 
Cessation of Registrations, etc. IP/N/l/NOR/T/l/Rev.2 
Page 3 
Special Provisions with respect to Registration 
of Foreigners' Trademarks 
Transfers and Licences 
Prohibition of the Use of Deceptive Signs 
Provisions with respect to Legal Protection 
Provisions with respect to Legal Proceedings 
International Registration of Trademarks 
Miscellaneous Provisions IPIN/IINOR/T/IlRev.2 
Page 4 
Chapter 1. 
General Provisions 
Section 1 
By registration in accordance with the present Act, the exclusive right to 
use a trademark as a distinctive sign for goods or services of an industrial or 
commercial establishment may be acquired. 
A trademark may consist of any sign which is capable of distinguishing 
the goods or services of one establishment from those of others, and which is 
capable of being represented graphically, such as words or combinations of 
words, including slogans, names, figures and pictures, letters and numerals, 
and the shape of the goods, their get-up and their packaging. 
The subsequent provisions of this Act made in respect of goods shall also 
apply to services provided this is not contrary to the context. 
Section 2 
The exclusive right to a trademark may also be acquired without registra­
tion when the trademark is established by use. 
A trademark is considered to be established by use when it is well known 
within the circle of trade concerned in this country as a distinctive sign for 
someone's goods. 
Section 3 
Any person has the right in the course of trade to use his name or the 
name of his business as a sign for his goods, provided this is not done in such 
a way that it is liable to be confused with a trademark or a business name 
which is already protected for someone else, or with a name someone alrea­
dy rightfully uses in the course of his trade. 
Section 4 
The right to a sign in accordance with sections 1 to 3 has the effect that no 
one other than the holder may in the course of trade use the same sign for 
his goods, cf. the third period. This applies whether the sign is used on the 
goods or their packaging, in advertising, in business documents or in any 
other way, including the use thereof in the spoken word, and regardless of 
whether the goods are intended to be sold or offered in any other way in this 
country or abroad, or imported into this country. In the context of the pre­
sentAct, "the same sign" shall be understood to mean a sign that is so similar 
to another sign, that it is liable to be confused with this sign in the ordinary 
course of trade, cf. section 6. 
3 4 IPIN/IINOR/T/IlRev.2 
Page 5 
It shall also be regarded as unlawful use if anyone in selling or offering 
spare parts, accessories, or the like, refers to a sign which is the property of 
someone else in such a way as to give the wrongful impression that the 
goods offered originate from the holder of that sign or that he has consented 
to the use of that sign. 
Where a sign as referred to in sections 1 to 3 has been in legitimate use 
for a product and the product afterwards has been substantially altered by 
processing, repairs, or the like by someone other than the holder of the sign, 
the sign must not, without the consent of the holder, be kept or used for the 
product if the product is subsequently imported, sold or offered in the course 
of trade, unless the alteration is clearly indicated or is otherwise apparent 
from the circumstances. 
Section 5 
The right to a sign does not entitle the holder to an exclusive right to such 
parts of the sign as mainly serve to make the goods or the packaging more 
suitable, or otherwise serve to fulfil some function other than that of being a 
sign. 
The right to a trademark does not entitle the holder to prohibit others 
from using his name or the name of his business or his address in the course 
of trade in accordance with fair trade practice. 
Section 6 
Under this Act signs shall be deemed liable to be confused only if they 
relate to identical or similar goods. This is however not a necessary condition 
for likelihood of confusion when the sign with the earlier right is the holder's 
own name or business name. 
Moreover, signs that are similar shall be considered liable to be confused 
even if they do not relate to identical or similar goods, if the sign with the ear­
lier right is so well known and established in this country that it would imply 
an unreasonable exploitation of or be detrimental to its goodwill if the other 
sign were to be used by someone else. 
Section 7 
Where several independent parties claim an exclusive right to the same 
sign according to sections 1 to 3, the earliest claim shall have priority, provi­
ded this is not contrary to the provisions in sections 3, 8 or 9. 
Section 8 
Even though a registered trademark is liable to be confused with a sign 
which has an earlier right, it shall be allowed to co-exist validly with the lat­
ter, provided the application for registration was filed in good faith and the 
holder of the earlier right has knowingly tolerated the use of the later trade-IP/N/1/NOR/T/IlRev.2 
Page 6 
mark in this country for five consecutive years from the date of registration. 
Section 9 
A later right to a sign shall also be allowed to co-exist with an earlier right 
provided: 
Ca) the later right has been established by use and the holder of the earlier 
right has taken no steps within a reasonable time to prevent the use of the 
other sign; or 
(b) the rights to the signs have been established by use in different parts of 
the country and it is presumed that both signs may continue to be used as 
before, without any likelihood of confusion with regard to whom the goods 
originate from. 
Section 10 
In order to prevent any likelihood of confusion as referred to in sections 3, 
8 and 9, a court of law may, where this is found reasonable, order that one or 
both of the signs must in future only be used for specific goods or within a 
certain area or in a particular manner, such as in a certain shape or form or 
with a reference to a geographical location or with the addition of the name of 
the holder or with any other elucidating addition. 
Section 11 
When publishing a dictionary, manual, textbook or similar non-fictional 
publication, the author, chief editor and publisher are obliged, at the request 
of the holder of a registered trademark, to ensure that the trademark is not 
reproduced in the publication unless it is clearly stated that it is protected by 
registration. 
If a request made in due time and in accordance with the preceding para­
graph is not complied with, the person to whom the request was addressed 
may be required to defray the cost of a notice of rectification published in 
such a manner and as widely as is deemed reasonable. 
Chapter 2. 
Registration of Trademarks 
Section 12 
A Register of Trademarks shall be kept for the whole country by the 
Patent Office (patentstyret). 
Section 13 
5 6 IP/N/l/NOR/T/l/Rev.2 
Page 7 
A trademark which is to be registered must be capable of distinguishing 
the goods of the holder from those of others. The trademark may not exclusi­
vely, or with no more than minor alterations or additions, indicate the kind, 
quality, quantity, use, price or geographical origin of the goods or the date of 
their production. In deciding whether a trademark has a distinctive charac­
ter, however, all factual circumstances shall be taken into consideration, in 
particular how long and how extensively the trademark has been in use. 
Trademarks which consist exclusively of the shape of the goods or their 
packaging may not be registered if the shape or the packaging results from 
the nature of the goods themselves, is necessary to obtain a technical result, 
or imparts considerable value to the goods. 
Section 14 
A trademark may not be registered if: 
1. it is contrary to law or public order or is liable to cause 
offence; 
2. it is liable to deceive; 
3. without authorisation by the competent authorities, it includes official 
coats of arms, flags or other official emblems or badges, including official 
national or foreign certification or hallmarks or stamps required for 
goods identical with or similar to those for which registration is applied, 
or coats of arms, flags or other emblems, abbreviations or designations of 
intergovernmental organisations, or international marks, seals or signs 
the unauthorised use of which is forbidden by law. Nor shall the trade­
mark be registered if it includes anything liable to be confused with such 
emblems or badges, etc. as referred to in this section. Foreign emblems 
or badges, etc., with the exception of flags of States, shall nevertheless 
not prevent registration until they have been published in a notice in the 
publication issued by the Patent Office; 
4. it includes anything liable to be understood as another person's business 
name or as another person's name or portrait and which obviously does 
not refer to a person long dead; 
5. it includes anything liable to be understood as the distinguishing title of 
the protected artistic, literary or musical work of another person, or 
infringes the copyright to such a work or the photography or design 
rights of another person; 
6. it is liable to be confused with the name or business name of another per­
son or with a trademark registered for another person in accordance 
with an application filed earlier, or which was established by use for anot­
her person at the time when the application for registration was filed; 
7. it is liable to be confused with a trademark which someone else has star­
ted to use before the applicant, and the applicant was aware of this use 
when he filed his application for registration; 
8. it is liable to be confused with an international registration of a trade-IP/NIl/NOR/T/IlRev.2 
Page 8 
mark, provided that this registration is effective in Norway in accordance 
with section 53 from an earlier date than the date of the filing of the appli­
cation. 
In cases as mentioned in subparagraphs 4 to 8 of the first paragraph, regi­
stration may nevertheless take place if the holder of the earlier right con­
sents and there are no other obstacles to registration. 
Trademarks which consist of or contain geographical indications with 
respect to wine or spirits, may not be registered for wine and spirits, 
unless the product has the geographical origin the indication indicates. 
Section 15 
The exclusive right acquired by registration of a trademark does not 
include such part of the trademark as would be refused separate registration. 
Where the trademark includes such a part, and the Patent Office presu­
mes that registration of the trademark may create uncertainty as to the scope 
of the exclusive right, it may at the time of registration be stated explicitly in 
a disclaimer that this part is excluded from legal protection. 
If it is later shown that the part of the trademark which was excluded 
from legal protection is registrable, a new application for registration may be 
filed for that part alone or the trademark as a whole without the previous dis­
claimer. 
Section 16 
A trademark shall be registered for specified goods within specified clas­
ses of goods. Provisions with respect to the classification of goods shall be 
laid down by the King. 
Section 17 
An application for registration of a trademark shall be filed in writing with 
the Patent Office. The application shall state the applicant's name or business 
name, and include a reproduction of the trademark and a list of the goods for 
which registration of the trademark is sought. The application shall otherwi­
se meet the requirements set forth in the regulations and enclose the stipula­
ted fee. 
An application shall not be deemed to have been filed until a reproducti­
on of the mark has not been received by the Patent Office. 
Section 17a 
The application with enclosures and all the documents pertaining to the 
case shall be kept so as to be available to anyone from the first working day 
after it was filed with the Patent Office, unless a request as referred to in the 
second paragraph has been filed. 
If a document contains business secrets, the Patent Office may, when cir­
cumstances make it desirable, upon request, decide that the document shall 
not be made available to the public. When such a request has been filed, the 
7 8 IPIN/1INORITI1/Rev.2 
Page 9 
document will not be available to the public until the request has been refu­
sed by a final decision. The reproduction of the mark and the information 
that registration of the mark in this country has been applied for, and the list 
of the goods for which registration has been sought, are not considered busi­
ness secrets according to the provisions in this paragraph. 
Proposals, drafts, reports and other similar working papers that the 
Patent Office prepares for the examination of an application are not available 
to the public unless the Patent Office should so decide. 
Section 18 
If a person files an application for registration of a trademark that he has 
first used for goods displayed at an international exhibition in this country, 
and the application is filed within six months after the opening of the exhibiti­
on, the application shall, in relation to other signs that others have applied to 
have registered or have started to use, be deemed to have been filed on the 
day the goods were first displayed at the exhibition. 
The King may issue regulations with respect to the extent to which the 
first paragraph shall apply correspondingly in the case of international exhi­
bitions abroad. 
Section 19 
If an application for registration of a trademark is not in the prescribed 
form, or there are otherwise obstacles that prevent registration, the Patent 
Office shall notify the applicant accordingly. The applicant shall be given a 
suitable time limit in which to respond and, where applicable, to make any 
necessary corrections. 
Irregularities in the application shall not prevent the application from 
being deemed to have been filed on the date the reproduction of the mark 
was received by the Patent Office, provided that those irregularities are 
remedied within the time limit set by the Patent Office. 
If the applicant does not respond or remedy the irregularity within the 
expiration of the time limit, the application shall be considered abandoned. 
The processing of the application shall be resumed if the applicant within two 
months from the expiration of the time limit responds or remedies the irre­
gularity and pays the stipulated fee. Resumption can be granted only once 
during the processing of the application. 
If the applicant has responded to the notification from the Patent Office 
within the set time limit, but the Patent Office still finds there to be irregulari­
ties regarding the application, the application shall be refused unless the 
Patent Office finds that the applicant should be given another notification 
with a new time limit.. 
Section 20 
If the application is in the prescribed form, and there are otherwise no IPIN/IINORlT/1/Rev.2 
Page 10 
obstacles preventing registration, the mark shall be registered and a certifi­
cate of registration shall be sent to the applicant. 
Notice of the registration of a trademark shall be published. 
Section 21 
Any person may file an opposition to the registration of a trademark. A 
notice opposition shall be presented in writing, shall state the reasons for the 
opposition and shall be filed with the Patent Office within two months from 
the date of publication. In special cases, the Patent Office may upon request 
grant the opponent a short additional time limit in which to supply further 
documentation in support of the opposition. 
The Patent Office shall dismiss an opposition which does not meet the 
requirements in the first paragraph. 
The Patent Office shall notify the holder of the registration of oppositions 
and shall afford him an opportunity to file his observations. 
If an opposition to the registration of a trademark is filed, this shall be 
recorded in the Trademark Register and notice thereof published. 
Even if the opposition is withdrawn, the opposition proceedings may 
continue if special circumstances so indicate. 
Section 21a 
Following an opposition the Patent Office shall cancel the registration of 
the trademark wholly or in part if the trademark was registered in contraven­
tion of the present Act and the obstacle preventing registration still exists. 
The Patent Office shall reject the opposition if there is no obstacle to 
upholding the registration. 
When the Patent Office's decision concerning an opposition is final, noti­
fication of the decision shall be recorded in the Trademark Register and 
published. 
Section 21b 
If, after an application for registration of a trademark has been granted, 
another application is filed which, according to sections 18 or 30, shall be 
considered as filed earlier than the first mentioned application, and the 
Patent Office presumes that the second application would have constituted 
an obstacle to the registration of the first mentioned application, the Patent 
Office shall notify the holder thereof and afford him an opportunity to file 
observations within a fixed period. If the application with the better priority is 
granted, the Patent Office shall, after the expiration of the time limit, cancel 
the first registration wholly or in part if the application with the better priority 
wholly or in part prevents the registration from being upheld. 
9 IPIN/1INOR/T/1IRev.2 
Page 11 
The first paragraph applies correspondingly if the Patent Office presu­
mes that an earlier application which is resumed according to the third para­
graph of section 19, or after reinstatement according to section 60, would be 
considered an obstacle to the registration of a later application which already 
has been granted. 
The first paragraph also applies correspondingly if the Patent Office 
receives notification that an international registration shall be considered 
valid in Norway and it presumes that the international registration would 
have constituted an obstacle to the registration of a granted application 
which is deemed to have been filed at a later date than the date on which the 
international registration shall come into effect in this country, cf. section 53. 
If the registration of a trademark is cancelled wholly or in part according 
to this section, the cancellation shall be recorded and notice thereof publis­
hed once it is final. 
Section 21c 
If a trademark has clearly been registered by mistake, the first instance 
department of Patent Office may ex officio within three months from the date 
of the registration cancel the registration wholly or in part. 
If the registration of a trademark is cancelled wholly or in part according 
to this section, the cancellation shall be recorded and notice published there­
of once it is final. 
Section 22 
The final first instance decision with respect to an application for registra­
tion may be appealed to the second instance department, the Board of 
Appeals, if the decision goes against the applicant. 
The final decision of an opposition may be appealed by the holder or the 
opponent if the decision goes against the party concerned. 
A final first instance decision regarding cancellation of a registration 
wholly or in part according to sections 21b or 21c, may be appealed by the 
holder to the Board of Appeals. 
If a request for resumption according to the third paragraph of section 
19, or a request for secrecy according to the second paragraph of section 17a, 
is refused, the decision may be appealed to the Board of Appeals by the party 
the refusal concerns. 
Section 22a 
An appeal must be filed with the Patent Office within two months from the 
date the notification of the refusal was sent to the party concerned. The stipu­
lated fee must be paid must be paid within the same time limit. Failing this, 
the appeal will not be processed. 
Even if the appeal is withdrawn, it may be examined if special circum-
10 IPINIlINOR/T/1/Rev.2 
Page 12 
stances so indicate. 
A decision whereby the Board of Appeals refuses an application for regi­
stration of a trademark, cancels a registration or upholds a first instance deci­
sion regarding cancellation of a registration, cannot be brought before the 
courts of law later than two months after the notification of the decision was 
sent to the applicant or the holder. Information with respect to the time limit 
for taking legal action shall be stated in the notification. 
The second and third paragraphs of section 17a apply correspondingly to 
documents filed with the Board of Appeals. 
Section 23 
The registration is effective from the date the application is deemed to 
have been filed with the Patent Office according to section 17, or from the 
date it is considered to have been filed according to sections 18 or 30. The 
registration is valid for ten years from the date of the registration. 
Section 23a 
A registration of a trademark can be renewed at the request of the holder 
for ten years at a time, counting from the expiration of the previous registrati­
on period. 
A request for renewal shall be filed in writing with the Patent Office at 
the earliest one year before, or at the latest six months after the expiration of 
the registration period, and must enclose the stipulated fee. If the request for 
renewal is filed after the expiration of the registration period, an additional 
fee must also be paid. 
Payment of the renewal fee, accompanied by the trademark's registration 
number, made within the time limits referred to in the first paragraph, shall 
be regarded as a written request for renewal. 
Sections 19, 20, 21c, 22 and 22a apply correspondingly as appropriate to 
the processing of requests for renewal. 
Section 24 
On an application from the holder and subject to payment of a stipulated 
fee, minor alterations, which do not affect the impression of the trademark as 
a whole, may be made to a registered trademark. The alteration of the mark 
shall be recorded in the Trademark Register and a new certificate of registra­
tion shall be sent to the holder. Notification of the alteration, with a reproduc­
tion of the trademark in the altered form, shall be published. Section 21c app­
lies correspondingly. 
Chapter 3. 
Cessation of Registrations, etc. 
11 Section 25 IPINIIINORIT Il/Rev.2 
Page 13 
If a trademark has been registered in contravention of the present Act, 
the registration may be invalidated by a court ruling, unless it can remain 
valid according to the provisions in sections 8 to 10. The registration can 
however not be invalidated for the reason that the mark is liable to be confu­
sed with another trademark, if the requirements set forth in section 25a for 
expunction of the registration of the other trademark from the Trademark 
Register are met. 
A registration may be expunged from the Trademark Register by a court 
ruling if the mark after registration has obviously lost its character as a dis­
tinctive mark or it has become deceptive, contrary to public order or liable to 
cause offence. 
Section 25a 
Where the holder of a registered trademark has not used the mark in this 
country for the goods for which it is registered within five years from the 
date of the registration, or if the use has been interrupted for five consecutive 
years, the registration may be expunged from the Trademark Register by a 
court ruling, unless there are reasonable grounds for non-use. Use of the 
mark includes use of the mark in a form that only differs from the form in 
which it is registered in details that do not affect its distinctiveness, and the 
placing in this country of the mark on goods or their packaging for export. 
The use of the mark by someone else with the holder's consent is also consi­
dered as the holder's use of the mark. 
The registration cannot be expunged if the trademark is put into use or 
the use of the mark is resumed after the expiration of the five-year period, 
but before an action for expunction has been brought. Use of the mark in the 
last three months before an action is brought shall be disregarded, if the pre­
parations for use were only begun after the holder learned that an action 
might be brought. 
If the trademark has been used for some of the goods for which the mark 
is registered, the registration shall only be expunged for the goods for which 
the mark has not been used. 
Section 25b 
An action according to sections 25 and 25a may be brought by anyone 
who has legal interest in the matter. An action that is based upon the provisi­
ons in section 13, subparagraphs 1 to 3 ofthe first paragraph of section 14, or 
the second paragraph of section 25, may also be brought by the Patent 
Office. 
Section 25c 
When both the holder and the person contesting his right agree, they 
may demand that a final decision on the question of the validity of the regi-
12 IPINIIINORlT/IlRev.2 
Page 14 
stration or the expunction of the registration be made by the Board of 
Appeals. A stipulated fee shall be paid for this. 
When it finds that the requirements for trademark protection obviously 
have not been present or obviously no longer are present, the Board of 
Appeals may make a final decision that the registration is invalid or shall be 
expunged from the Trademark Register if the holder does not object. An 
objection from the holder must be filed with the Patent Office within three 
months after the Patent Office has sent the holder notification of its intention 
to make such a final decision and has stated its reasons for so doing. 
Section 26 
If there is reasonable doubt whether the holder exists, anyone may sub­
ject to payment of a stipulated fee request that the registration be expunged. 
The same applies if the holder's address is unknown. 
Before expunction pursuant to the first paragraph may be carried out, 
the Patent Office shall request the holder to come forward within a set time 
limit. Notification of the time limit shall be sent in a registered letter or by 
other reliable means. If the holder's address is unknown, notice of the time 
limit shall be published. 
If the holder has not come forward within the time limit, the registration 
of the trademark will be expunged. 
Section 27 
Where the registration of a trademark has been invalidated or a final deci­
sion has been taken to cancel or expunge it, the decision shall be recorded in 
the Trademark Register and notice thereof published. 
The same applies if the registration is not renewed or if the holder him­
self requests that the registration be expunged from the Trademark Register. 
Chapter 4. 
Special Provisions with respect to 
Registration of Foreigners' Trademarks 
Section 28 
If anyone who does not carry on business in this country applies for regi­
stration of a trademark, he must prove that the mark is registered by him in 
his home country in respect of the same goods as comprised by the applicati­
on. 
This does not apply, however, where the applicant's home country conce­
des corresponding rights with respect to trademark applications from 
owners of industrial or commercial establishments in Norway. 
Section 29 
13 IPIN/1INOR/T/l/Rev.2 
Page 15 
The King may issue regulations stipulating that a trademark which is 
registered in a foreign State, on certain specified conditions, shall be registra­
ble in this country, as it is validly registered in the foreign State. Where, pur­
suant to this provision, a mark is registered which would not otherwise have 
been able to obtain protection in this country, the protection shall not exceed 
the scope or duration of the protection in the foreign State. 
Section 30 
The King may issue regulations stipulating that anyone, who has filed an 
application for registration of a mark in a foreign State, shall within a certain 
time limit be able to file an application for registration of the mark in this 
country, with the effect that in relation to signs which others have applied to 
have registered or have started to use, the application shall be deemed to 
have been filed in this country at the same time as the application was filed in 
the foreign State. 
The King issues provisions in respect of when claims of priority accor­
ding to the first paragraph must be put forward. 
Section 31 
An applicant for trademark registration who does not have his residence 
or principal place of business in this country shall have an representative who 
does have his residence or principal place of business in this country, who 
can represent him in all matters concerning the application. 
A holder of a registered trademark who does not have his residence or 
principal place of business in this country shall have an representative who 
does have his residence or principal place of business in this country, who on 
his behalf can receive notifications from the Patent Office and summonses 
and other communications relating to legal proceedings. During the proces­
sing of oppositions the first paragraph shall apply correspondingly to the hol­
der. 
The name and address of the representative shall be recorded in the 
Trademark Register. 
The King may in regulations exempt foreign applicants and holders from 
the obligation to have a Norwegian representative. 
Chapter 5. 
Transfers and licences. 
Section 32 
14 IPIN/IINOR/T IllRev.2 
Page 16 
The right to a trademark may be transferred together with, or indepen­
dently of, the industrial or commercial establishment in which it is used. 
If an establishment is transferred, the right to the trademarks attached 
thereto passes to the new owner, unless otherwise agreed. 
Section 33 
At the request of the new holder and subject to payment of a stipulated 
fee, the transfer of a registered trademark shall be recorded in the 
Trademark Register and notice thereof published. Sections 28 and 31 apply 
correspondingly. 
The first instance department of the Patent Office may refuse to record a 
transfer if it was not made in connection with the transfer of the establish­
ment to which the mark has been attached, and the first instance department 
of the Patent Office finds the use of the mark in the hands of the new holder 
to be liable to be deceptive. Such a refusal may be appealed to the Board of 
Appeals. Regarding the time limit for appeals etc., and the right to bring the 
decisions made by the Board of Appeals before the courts of law, section 22a 
applies correspondingly. 
A legal action which concerns a registered trademark may always be 
brought against the person registered as the holder in the Trademark 
Register, and notifications from the Patent Office will be sent to that person. 
Section 34 
The holder of a mark may give another the right to use the trademark in 
the course of trade (licence). A licence may relate to some of or all of the 
goods for which the mark is protected, and it may relate to the use of the 
mark in the whole country or in part of the country. A licensee can not trans­
fer his right further to a third party unless this is agreed or must be regarded 
as agreed. 
The holder can invoke his right to the trademark against a licensee who 
contravenes any provision of the licensing agreement with regard to the 
duration of the licence, the form in which the mark may be used, the goods 
on which the mark may be used, the geographical area within which the 
licensee may use the mark, or with regard to the quality of the goods which 
the licensee produces. 
Subject to payment of a stipulated fee, both the holder and the licensee 
may request that a licence for a registered trademark be recorded in the 
Trademark Register and notice thereof published. Similarly, where subse­
quently the licence is shown to have expired, this will be recorded in the 
Trademark Register and notice thereof published. The first instance depart­
ment of the Patent Office may refuse to record a licence if it finds that the 
licensee's use of the mark is liable to be deceptive. Such a refusal may be 
appealed to the Board of Appeals. Regarding time limits for appeals etc., and 
the right to bring decisions made by the Board of Appeals before the courts 
15 of law, section 22a applies correspondingly. 
Section 35 IPIN/IINOR/T/l/Rev.2 
Page 17 
The right to a trademark may not be subject to attachment or any other 
separate enforcement proceedings on the part of creditors. 
Chapter 6. 
Prohibition of the Use of Deceptive Signs. 
Section 36 
If a sign is put to use by a new holder or by another with the consent of 
the holder, and the use of the sign by the new holder is liable to be deceptive, 
a court decision may prohibit him from using the sign in an unaltered form, 
and otherwise issue the injunctions that the court finds necessary. 
The same also applies in other cases where a sign is deceptive or is used 
in a way that is liable to be deceptive. 
Legal actions pursuant to this section may be brought by the Patent 
Office and otherwise by anyone who has a legal interest in doing so. 
Chapter 7. 
Provisions with respect to Legal Protection. 
Section 37 
Anyone who intentionally uses a sign in contravention of this Act, shall be 
punished by fines or imprisonment for up to three months. Prosecution shall 
take place only at the request of the injured party. 
Section 38 
Anyone who intentionally or negligently has used a sign in violation of 
this Act, will be liable to pay the injured party compensation corresponding to 
a fair licence fee for the use, besides damages for further losses the use may 
have caused. The compensation may be reduced and the damages may be 
lowered when there is little to hold against the infringing party. 
Where such use has been made in good faith, the court of law may order 
the user to pay such compensation according to the provisions in the first 
paragraph as it finds reasonable. 
Section 39 
In cases concerning unlawful use of a registered trademark, section 37 
16 IPIN/IINOR/T/l/Rev.2 
Page 18 
shall only apply where the use has taken place after notice of the registration 
has been published. Section 38 shall only apply where the use has taken pla­
ce after the publication or after the user in any other manner has learned that 
registration of the mark had been applied for. 
Section 40 
At the request of the injured party, anyone who has used a sign in contra­
vention of this Act is obliged to alter or to remove the sign. Where the sign 
cannot be altered or removed without unreasonable costs to the person 
found liable, or without damaging or ruining the goods, confiscation of the 
articles on which the sign is found may be demanded. 
The confiscated articles may, as agreed between the person held liable 
and the injured party, be transferred to the latter and be deducted against any 
claim for compensation he may have against the person liable pursuant to 
section 38. 
In cases relating to infringement of rights to signs, the court of law may 
decide that also measures other than those referred to above should be 
taken to prevent misuse of the sign. 
Section 41 
A licensee who brings an action regarding infringement is obliged to noti­
fy the holder thereof. 
Chapter 8. 
Provisions with respect of Legal Proceedings 
Section 42 
The following actions may be brought before Oslo City Court (Oslo 
byrett): 
1. actions for review of decisions whereby the Board of Appeals refuses an 
application for registration of a trademark, cancels a registration, or main­
tains a first instance decision to cancel a registration, cf. the third para­
graph of section 22a; 
2. actions regarding invalidation or expunction of a trademark registration, 
cf. sections 25 
and 25a; and 
3. actions for review of refusals made by the Board of Appeals in cases refer­
red to in sections 33 and 34. 
Section 43 
Anyone who brings an action as referred to in sub paragraph 2 of the first 
paragraph of section 42, shall at the same time notify the Patent Office and by 
registered mail notify any licensee who is recorded in the Trademark 
Register of the action, stating the party's address. 
17 1P/NIl/NORIT Il/Rev.2 
Page 19 
If the plaintiff fails to document that a notification as referred to in the 
first paragraph has been given, the court may grant the plaintiff a time limit 
in which to provide such notification. If the time limit is not observed, the 
case will be rejected. 
Section 44 
The court shall send the Patent Office transcripts of decisions in civil 
cases brought in accordance with the present Act. 
Chapter 9. 
International Registration of Trademarks. 
Section 45 
An international trademark registration means the registration of a trade­
mark effected by the International Bureau of the W orId Intellectual Property 
Organization (WIPO) under the Protocol Relating to the Madrid Agreement 
Concerning the International Registration of Marks of April 14, 1891, adopted 
at Madrid on June 27,1989 (the Madrid Protocol). 
The Patent Office (patentstyret) is the national authority in matters rela­
ting to the international registration of trademarks in Norway. 
Section 46 
The holder of a trademark registration or an application for registration of 
a trademark in this country, and who either is a Norwegian national or domi­
ciled or has a real and effective industrial or commercial establishment here 
in this country, may file an application for international registration of a tra­
demark with the Patent Office. 
Section 47 
An application for international registration of a trademark shall be filed in 
writing and contain the applicant's name or business name, a reproduction of 
the mark and a list of the goods for which the registration of the mark is 
sought. The application shall otherwise meet the requirements set forth in 
the regulations and enclose the stipulated fee. 
Section 48 
The Patent Office shall verify that the particulars in the international 
application correspond to the particulars in the Norwegian basic trademark 
registration or the basic application for registration of a trademark upon 
which the international registration is based. 
18 IPIN/IINOR/T/IlRev.2 
Page 20 
If the particulars do not correspond, the Patent Office shall notify the 
applicant thereof. The applicant shall be given a time limit in which to amend 
the application. If there is no response to the notification from the Patent 
Office within the time limit, the application shall be considered abandoned. If 
the notification is replied to, but the particulars still do not correspond, the 
Patent Office shall refuse to proceed with the application to the International 
Bureau. 
When the particulars correspond as mentioned in the first paragraph, the 
Patent Office shall send confirmation thereof to the International Bureau 
together with the international application. 
Section 49 
If the Patent Office is notified by the International Bureau that the hol­
der of an international registration of a trademark not based upon a 
Norwegian registration or an application, cf. section 46, has requested that 
the international registration of the trademark be valid in Norway, the Patent 
Office shall check to see whether there are any obstacles to this. For such 
designation of Norway, the holder of the international registration shall pay 
the stipulated fee. 
Obstacles that prevent the international registration from being valid in 
Norway exist if the mark fails to meet the requirements set forth in section 
13, or if it is not registrable in this country owing to the provisions in section 
14. 
Section 50 
Where such obstacles exist as referred to in the second paragraph of sec­
tion 49, the Patent Office shall decide that the international registration is not 
valid in Norway. 
The holder of the international registration may, to the extent and on the 
terms as set forth in regulations, request the Patent Office to review the ques­
tion of the validity of the international registration in Norway. 
Regarding reinstatement in the event of non-compliance with time limits, 
section 60 applies correspondingly. 
Section 51 
Where the Patent Office does not find any obstacles as referred to in the 
second paragraph of section 49, it shall be recorded in the Trademark 
Register that the international registration is valid in Norway and notice the­
reof shall be published. 
Section 52 
Anyone may within two months from the date of the publication file an 
opposition against the international registration's validity in Norway. 
Regarding the filing of oppositions, the second paragraph of section 21 appli­
es correspondingly. If an opposition is filed, it shall be recorded in the 
19 IP/NIl/NORIT/1IRev.2 
Page 21 
Trademark Register and notice thereof published. Further provisions regar­
ding the processing of oppositions shall be laid down in regulations. When a 
final decision regarding the opposition has been made by the Patent Office, 
notice thereof shall be recorded and published. 
Regarding the Patent Office's right to invalidate ex officio the effects of 
an international registration in Norway, sections 21b and 21c apply corres­
pondingly if this can be done within the time limits set forth in Article 5 of the 
Madrid Protocol. 
Section 53 
A recordal in the Trademark Register that an international registration of 
a trademark is valid in Norway, has the same effect as if the trademark were 
registered in this country. The recordal is effective from the date the interna­
tional registration is deemed to have been made by the International Bureau 
according to the Madrid Protocol, or from the date of a subsequent designati­
on of Norway, or from the date when the registration or the subsequent 
designation of Norway has priority according to sections 18 or 30. 
Section 54 
The international registration or a subsequent designation of Norway is 
valid for up to ten years from the date on which the international registration 
is deemed to have been made. 
The registration may be renewed for ten years at a time as set forth in the 
Madrid Protocol. A stipulated fee must be paid for renewals. Renewals are 
recorded and notice thereof published. 
Section 55 
If a person has both an international registration which is effective in this 
country and a Norwegian trademark registration, the international registrati­
on of the mark replaces the Norwegian registration if the international regi­
stration is effective in this country from a later date than the Norwegian regi­
stration, and all the goods listed in the Norwegian registration are covered by 
the list relating to Norway in the international registration. The first period 
entails no limitations to the rights which have already been acquired on the 
basis of the Norwegian registration. 
The lapse as referred to in the first paragraph of the effect of a 
Norwegian registration shall upon request and on payment of a stipulated fee 
be recorded in the Trademark Register and notice thereof published. 
Section 56 
Where an international registration which is valid in Norway ceases whol­
ly or in part, it ceases at the same time in Norway and to the same extent. 
This shall be recorded in the Trademark Register and notice thereof publis­
hed. 
20 IP/NIl/NOR/T/IlRev.2 
Page 22 
Section 57 
If an international registration which is valid in Norway ceases due to lap­
se of the basic national registration or the national application according to 
the Madrid Protocol, and the holder within three months from the date of the 
cessation files an application for registration of the mark in this country, this 
application is deemed to have been filed on the date the international regi­
stration became effective in Norway, provided that the goods stated in the 
application are covered by the list of goods relating to Norway in the interna­
tional registration. 
If an international registration which is valid in Norway ceases due to 
denunciation of the Madrid Protocol, and the holder within two years from 
the time the denunciation became effective, files an application for registrati­
on of the trademark in this country, this application is deemed to have been 
filed on the date the international registration became effective in Norway, 
provided that the goods stated in the application are covered by the list of 
goods relating to Norway in the international registration. 
Section 58 
Regarding the right to appeal first instance decisions in cases concerning 
international registrations to the Board of Appeals and regarding the right to 
bring decisions made by the Board of Appeals before the courts of law, secti­
ons 22 and 22a apply correspondingly. 
Section 59 
The Patent Office shall notify the International Bureau in accordance with 
the Madrid Protocol and the regulations to the Protocol according to further 
provisions issued by the King. 
Chapter 10. 
Miscellaneous Provisions. 
Section 60 
If anyone who applies for registration of a trademark, fails to observe a 
time limit set forth in or in accordance with chapter 2, with the effect that the 
application for this reason can not be granted, the party concerned shall on 
request be granted reinstatement provided it is documented that the appli­
cant himself and, as the case may be, also his representative, has taken all 
due care required by the circumstances. The request must be presented in 
writing to the Patent Office within two months after the removal of the cause 
of non-compliance with the time limit, and at the latest four months after the 
expiration of the time limit. Within the same time the omitted act shall be 
completed and the stipulated fee paid. 
The first paragraph does not apply to time limits referred to in sections 
21 18 and 22a. IPINIIINORIT/IlRev.2 
Page 23 
The Director of the Patent Office shall decide who shall determine 
requests for reinstatement. Refusal of requests for reinstatement may be 
appealed to the Board of Appeals. Regarding time limits for appeal etc., and 
the right to bring decisions by the Board of Appeals before the courts of law, 
section 22a shall apply correspondingly. 
Section 61 
Anyone has a right to examine the Trademark Register and to obtain cer­
tified extracts therefrom, or copies of trademark applications with accompa­
nying documents which are available to the public pursuant to section 17a. 
A stipulated fee shall be paid for transcripts, copies and for recordals in 
the Trademark Register with publication of alterations concerning the name 
of the holder or concerning his representatives. 
The request for a time limit or an extension of a time limit in which to 
correct defects, respond, provide further grounds or the like, shall enclose a 
stipulated fee, which will be refunded if the requested time limit or extension 
of time limit is not granted. 
Section 62 
The King may issue more detailed provisions regarding applications for 
registration of trademarks and oppositions and the procedure regarding the­
se, the stipulation of fees, the Trademark Register, the publication issued by 
the Patent Office, and otherwise concerning the implementation of this Act. 
Section 63 
This Act shall enter into force from such date as the King shall decide. As 
from the same date "lov 2. juli 1910 nr. 5 om varemerker og om utilb-rlige 
varekjendetegn og forretningsnavn (Act No. 5 of July 2, 1910 concerning 
Trademarks Act), as later amended, shall be repealed, with the exception of 
sections 26 and 27. 
A trademark that is registered prior to the entry into force of this Act, 
may only be declared invalid if it does not meet the requirements in the earli­
er Act. Registration according to the second paragraph of section 25, or secti­
on 25a, may be expunged if the mark was registered before the entry into for­
ce of this Act. 
22