WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANlZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IPINIIINORlT II/Rev.1 
17 February 1997 
(97-0613) 
Original: Englishl 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Norway 
By means of a communication from the Permanent Mission of Norway, dated 20 November 1996, 
Norway has notified the text of the Norwegian Trademarks Act, as amended by Act No. 82 of 
22 December 1995 (entry into force 1 April 1996).1 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRlNCIPALES LOIS ET REGLEMENTA TIONS CONSACREES A LA 
PROPRlETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
Norvege 
Par une communication de la Mission permanente de la Norvege, datee du 20 novembre 1996, 
la Norvege a notifie le textel de la Loi sur les marques, modifiee par la Loi n· 82 du 22 decembre 1995 
(entree en vigueur le 1 er avril 1996). 1 
Consejo de los Aspectos de los Derechos de Prop;edad 
Intelectual relacionados con el Comercio 
PRlNCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
Noruega 
Noruega ha notificado el texto de la Ley de Marcas de Fabrica 0 de Comercio, modificada 
por la Ley N° 82 de 22 de diciembre de 1995 (que entr6 en vigor el 1 ° de abril de 1996)1, mediante 
una comunicaci6n de la Misi6n Permanente de Noruega, de fecha 20 de noviembre de 1996. 
IEnglish only/anglais seulement/en ingles solamente. IP/N/1/NORlT/lIRev.1 
Page 2 
NORWEGIAN PATENT OFFICE 
Trademarks Act 
Act No. 4 of March 3, 1961, as amended by Act No. 9 of June 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, 
and Act No. 82 of December 22, 1995. 
. . ,,': '\,' . ,,:.' :',' . : 
Bl. 238-500-11.96 -Sats/repro: Grafutura as· Trykk: SEM Grafisk A!S Table of Contents IP IN 11INORlT IlIRev.1 
Page 3 
Sections 
Chapter 1. General Provisions ................................ 3 
Chapter 2. Registration of Trademarks ......................... 5 
Chapter 3. Cessation of Registrations, etc ....................... 11 
Chapter 4. Special Provisions regarding Registration of 
Foreigners' trademarks ............................ 12 
Chapter 5. Transfers and Licences ............................. 13 
Chapter 6. Prohibition of the Use of Deceptive Signs ............. 14 
Chapter 7. Provisions regarding Legal Protection ................ 15 
Chapter 8. Provisions relating to Legal Proceedings .............. 15 
Chapter 9. International Registration of Trademarks .............. 16 
Chapter 10. Miscellaneous Provisions ........................... 19 IP/N/lINORlT/lIRev.l 
Page 4 
::::: :.' ::::::::::::::"':':.:.' :::::::::::::::::,::::::: . :.:.:. 
.:' ';'.:;:' .. 
.;. :. :. .:." .. . :' ': : .. ;' ': : 
: .. 
" :. :. 
~: : ~~: "... : , ': ': : .~':l\[::~:'.. . }::;j:; it r.:~: : .. i ::: ~::1::\:\(~:\:.:;~. ; 
" : . 
Chapter 1. 
General Provisions 
§ 1 By registration in accordance with the present Act, the sole light to 
use a trademark as a distinctive sign for an establishment's goods or services 
may be acquired. 
A trademark may consist of any sign which is capable of distinguishing the 
goods or services of an 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 and their packaging. 
The subsequent provisions of this Act concerning goods shall also apply to 
services provided this is not contrary to the context. 
§ 2 The sole light to a trademark may also be acquired without 
registration 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. 
§ 3 Anyone has the light 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 likely to be confused with a trademark or a name of a business 
which is already protected for someone else, or with a name someone 
already lightfully uses in the course of his b'ade. 
§ 4 The light to a sign in accordance with Sections 1 to 3 has the effect 
that no one except the holder may in the course of trade use the same sign 
for his goods, cf. the third peliod. This applies whether the sign is being used 
on the goods or their packaging, in advertising, in business documents or in 
any other way, including spoken mention, and regardless of whether the 
goods are meant to be sold or offered in any other way in this country or 
abroad, or imported into this country. The same sign in the present Act shall 
be understood as a sign that is so similar to another sign, that it is likely to be 
confused with this sign iri the ordinary course of trade, cf. Section 6. 
It shall also be regarded as unlawful use if anyone in selling or offeling 
spare parts, accessolies, 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. :. : .. . . : : .. : ::,.:. . .::: IP/N/1/NORlT/lIRev.l 
Page 5 
.: :" 
.: .:. . 
:~ . :. ,: ;: :!:;' 
" . : 
Where a sign as referred to in Sections 1-3 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. 
§ 5 The right to a sign does not entitle the holder to a sole right to such 
parts of the sign as mainly serve to make the goods or the packaging more 
suitable or otherwise serve another purpose than being a sign. 
The right to a trademark does not entitle the holder to prohibit a third party 
from using his own nan1e or the name of his business or his address in the 
course of trade in accordance with fair trade practice. 
§ 6 Under the present Act signs shall only be considered likely to be 
confused 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 of the name of his firm. 
Signs that are similar shall however be considered likely to be confused 
even if they do not relate to identical or similar goods, if the sign with the 
earlier right is so well known and established in this country that it would 
imply an unreasonable utilization or be detrimental to its goodwill if the other 
sign was to be used by someone else. 
§ 7 Where several independent parties claim a sole right to the same sign 
according to Sections 1 to 3, the earliest claim shall have pliority, provided 
this is not contrary to the provisions in Sections 3, 8 or 9. 
§ 8 Although a registered trademark is likely to be confused with a sign 
which has an earlier right, it shall be allowed to exist validly side by side with 
the latter, 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 
trademark for five consecutive years from the date of registration. 
§ 9 A later right to a sign shall also be allowed to exist side by side with an 
earlier right provided: 
(a) 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. IP/N/lINORlTIlIRev.l 
Page 6 
, , ' '" " ," ' " .' " ;' ::' ,::' ':" ':: ::t:t ':f , " ,',:' ,," ';"\:':':';",' :','," " , ',':':',':':':':': :"':::"';':""'f ' 
" " :~ ,:' :' ,: ,:;j1~:~if,:n::~r': .. '::}:~,i':~I~l::ti:l::;::l:t;i:Il " , ',,'" ,," "" ' , , , ",::,,:j :",! 
, , ' ,,' ":L,, ,L,.,::,:,: ,,' ,,:::,:; " " , ,,' :' ," ,: : " " :': , ' " ,:, ,', ,'" ' , ;""::,:"""",, , " ""';' , 
§ 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 may in future only be used for particular 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. 
§ 11 When publishing of 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 
paragraph is not met, the person to whom the request was addressed may be 
required to pay the expenses of a notice of rectification published in such a 
manner and as widely as is deemed reasonable. 
Chapter 2. 
Registration of Trademarks 
§ 12 A Register of Trademarks shall be kept for the whole country by the 
Patent Office (patentstyret). 
§ 13 For a trademark to be registered it must be capable of distinguishing 
the goods of the holder from those of others. The trademark may not 
exclusively, or with no more than minor alterations or additions, indicate the 
kind, quality, quantity, use, price or the place or date of their production. In 
deciding whether a trademark has a distinctive character, 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 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 gives significant value to the goods. 
§ 14 A trademark may not be registered if: 
1. it is contrary to law or public order or is likely to cause offence; 
2. it is likely to deceive; 
3. without authorization 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 :::; . :::::':' " : 
~:; ·::m:,:: ,:;:::,:,:,:, ". :.... . .. ' IP/N/lINORlT/lIRev.l 
Page 7 
.' [[t(!~nttrR T{f:;,i,~ :~;~::I:[[;t :;;b:::;; ,:' '. : . . 
:,:, . . .... . .:. .,:~:: ::. . . .' .:': .:: '. . '.: : . . . : .:.;.;.;.;:.:::. :' ;~:~: ::::::: . : . ':. .. :~:;:.::':'...: 
being applied for, or coats of anns, flags or other emblems, 
abbreviations or designations of intergovernmental organizations, or 
international marks, seals or signs the unauthorized use of which is 
forbidden by law. Nor shall the trademark be registered if it includes 
anything likely 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 likely to be understood as another person's 
business name or as another person's name or portrait and which does 
not obviously refer to a person deceased a considerable time ago; 
5. it includes anything likely to be understood as the distinguishing title of 
another person's protected work of intellectual achievement, or 
infringes the copyright to such a work or the right to a photography or a 
design; 
6. it is likely to be confused with another person's name or business name 
or with a trademark registered for another person in accordance with 
an application filed earlier, or which was established by use for another 
person at the time when the application for registration was filed; 
7. it is likely to be confused with a trademark which someone else had 
begun using before the applicant, and the applicant was aware of this 
use when he filed his application for registration; 
8. it is likely to be confused with an international registration of a 
trademark, 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 application. 
In cases as mentioned in subparagraphs 4 to 8 of the first paragraph, 
registration may nevertheless take place if the holder of the earlier right 
consents and there are no other obstacles according to the first paragraph 
that prevent registration. 
§ 15 The sole right acquired by registration of a trademark does not 
include such part of the b-ademark as would be refused separate registration. 
If the trademark includes such a part, and the Patent Office presumes that 
registration of the trademark may create uncertainty as to the extent of the 
sole right, it may at the time of registration clearly be stated by a disclaimer 
that the part is excluded from the legal protection. 
If it is later shown that the part of the trademark which was excluded from 
legal protection may be registered, a new application for registration may be 
filed for that part alone or the trademark as a whole without the previous 
disclaimer. IP/N/lINORlT/lIRev.l 
Page 8 
.: 
" :.. : . " :. : . . !:::tb::JI~i.d .. !'1 ).:.1/1:' ,::n \\~i\'~ri::l'· : ~iil~ 
:: '. :':". ;:;:;:;:,;(::;:;:L.;.: : '. 
§ 16 A trademark shall be registered for specified goods within specified 
classes of goods. Provisions regarding the classification of goods shall be 
issued by the King. 
§ 1 7 An application for registration of a trademark shall be filed in writing 
to 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 being applied for. The 
application shall otherwise meet the requirements set forth in the regulations 
and enclose the stipulated fee. 
An application is not regarded as filed as long as a reproduction of the mark 
has not been received by the Patent Office. 
§ 17 a The application and all its enclosures and documents shall be kept 
available for anyone from the first working day after filing of the application 
by 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 
particular reasons exist and a request has been filed, decide that the 
document shall not be made available to the public. When such a request has 
been filed, the document will not be available to the public until the request 
has been refused 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 applied for, are not 
considered business 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. 
§ 18 If someone files an application for registration of a trademark that is 
first used on goods shown at an international exhibition in this country, and 
the application is filed within six months after the opening of the exhibition, 
the application shall, in relation to other signs that someone else has applied 
to have registered or stmied to use, be deemed to have been filed on the day 
the goods were first shown at the exhibition. 
The King may issue regulations to what extent the first paragraph shall 
apply correspondingly to international exhibitions abroad. 
§ 19 If an application for registration of a trademark is not in the 
prescribed form, or there otherwise are obstacles that prevent registration, 
the Patent Office shall notify the applicant of this. The applicant shall be 
gIven a suitable time limit to respond and in the event to remedy the 
application. : .:.:.:.::::::::, :.:.:.: 
.. ' ~;\f:)nn}'} ::n.n.rn::·,,(.;::t;;::l: ::;~1;.~i;~~r::, ~ .. . . . . 
:::,:,' . "':,. IP/N/1/NORlT/lIRev.l 
Page 9 
.: 
.' .. ;:::::, . 
" " : : ::i 
IlTegulatities in the application shall not prevent the application from being 
regarded as filed on the day when the reproduction of the mark was received 
by the Patent Office, provided that those irregularities will be remedied 
within the time limit set by the Patent Office. 
If the applicant does not respond or remedy the ilTegulatity 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 
ilTegularity and pays the stipulated fee. Resumption can only be granted 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 
ilTegularities 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. 
§ 20 If the application is in the prescribed fonn, and there otherwise are 
no obstacles that prevent registration, the mark shall be registered and a 
letter of registration shall be sent to the applicant. 
The registration of a trademark shall be published. 
§ 21 Anyone can file an opposition to the regisb"ation of a trademark. An 
opposition shall be presented in Wliting, state the reasons for the opposition 
and being filed with the Patent Office within two months of the date of 
publication. The Patent Office can in special cases on request grant the 
opposer a short additional time limit to supply further documentation to 
support 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 give him the opportunity to comment on them. 
If an opposition to the registration of a trademark is filed, this shall be 
recorded in the Trademark Register and be published. 
Even if the opposition is withdrawn, processing of the opposition may 
continue if particular reasons so indicate. 
§ 21 a Following an opposition the Patent Office shall cancel the 
registration of the trademark in whole or in part if the trademark was 
registered in contravention of the present Act and the obstacle that prevents 
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, the 
notification of the final decision shall be recorded in the Trademark Register 
and be published. IP/N/lINORlT/lIRev.l 
Page 10 
" :.' ::~ :1' 
: : ... ;' '. " .:: : 
:; ,,' : :; 
:. 
:: .~ .: : : :. :;: " .. : : f :' . : .: : 
: 
: : ::::::::. :. " . 
'. :" .. \t~i:i::~::j!),~::rr:~;::::~j::: .. ;':I:dl ~l:~:\j:it : 
§ 21 b If after an application for registration of a trademark has been 
granted another application is filed which according to Sections 18 or30 shall 
be considered filed earlier than the first mentioned application, and the 
Patent Office presumes that the second application would have been 
regarded as an obstacle that prevents registration of the first mentioned 
application, the Patent Office shall notify the holder of this and give him an 
opportunity to respond to this within a set time limit. If the application with 
the better pliolity is granted the Patent Office shall, after the expiration of 
the time limit, cancel the first registration in whole or in part if the application 
with the better pliolity in whole or in part prevents the registration from 
being upheld. 
The first paragraph applies cOITespondingly if the Patent Office presumes 
that an earlier application which is resumed according to the third paragraph 
of Section 19, or after reinstatement according to Section 60, would be 
considered an obstacle that prevents registration for a later application which 
already has been granted. 
The first paragraph also applies cOITespondingly 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 been considered an obstacle to the registration of a granted application 
which IS considered filed at a later date than the date on which the 
international registration shall come into effect in this counhy, cf. Section 53. 
If the regish'ation of a trademark is cancelled in whole or in part according 
to this Section, the cancellation shall be recorded and be published when it is 
final. 
§ 21 c If a h'ademark has clearly been registered by mistake, the Patent 
Office may ex officio within three months from the date of the registration 
cancel the regish'ation in whole or in part. 
If the regisb'ation of a trademark is cancelled in whole or in part according 
to this Section, the cancellation shall be recorded and be published when it is 
final. 
§ 22 The final decision of an application for registration made by the 
Patent Office may be appealed to the Board of Appeals if the decision is in 
disfavour of the applicant. 
The final decision of an opposition may be appealed by the holder or the 
opposer if the decision is in disfavour of the concerned party. 
A final decision by the Patent Office regarding cancellation of a registration 
in whole 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. " .. IP 1Nl lINORlT I lIRev.l 
Page 11 
,,' :;" 
jf }rn: (~. :"~" ;Tf:";J ::t:::i l}~:; ~)": """::" . :'.: ,:, .,: .. : ,'j : " 
" " : " 
;.;: : : 
§ 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 concerned party. 
Within the same time limit the stipulated fee shall be paid. The appeal shall 
otherwise not be processed. 
Even if the appeal is withdrawn, it may be examined if particular reasons is 
indicated. 
A decision where by the Board of Appeals refuses an application for 
registration of a trademark, cancels a regisbAation or upholds a decision by 
the Patent Office regarding cancellation of a registration, can not 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 of the time limit for taking legal action shall be stated in the 
notification. 
The second and third paragraph of Section 17 a apply correspondingly to 
documents filed to the Board of Appeals. 
§ 23 The registration is effective from the day the application is 
considered filed with the Patent Office according to Section 17, or from the 
day it is considered filed according to Sections 18 or 30. The registration is 
valid for ten years from the day of the registration. 
§ 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 
registration period. 
A request for renewal shall be filed in Wliting to the Patent Office one year 
at the earliest before or six months at the latest 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 regishAation period, an additional 
fee must also be paid. 
Payment of the renewal fee, stating the trademark's registration number, 
made within the time limits refelTed to in the first paragraph, shall be 
regarded as a wlitten request for renewal. 
Sections 19, 20, 21c, 22 and 22a apply conespondingly as appropriate to the 
processing of requests for renewal. 
§ 24 On an application from the holder and for 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 letter of registration 
shall be sent to the holder. Notification of the alteration, with a reproduction 
of the trademark in the altered form, shall be published. Section 21c applies 
correspondingly. IP IN 11INORlT IlIRev.1 
Page 12 
. .: . " . : : . ..... : :.::.:.:::.:.:.:.::::::::::::::::::::::::::::::::::::::::::::::,:: . ::t 
. . :' :::rm;:':}ri: :,:~: ::.~i.}:~' .:iI:r:;::jJ ~~~;::';:::i:::?l ~~;~ ~~i; : :. .'. : :' : 
.' .' . ;' .' ' . : .' : 
.' ;: '. : : : ... :. 
. ,: ,:' : : 
Chapter 3. 
Cessation of Registrations, etc. 
§ 25 If a b'ademark 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 likely to be 
confused with another trademark, if the requirements set f01th in Section 25a 
for deletion of the registration of the other trademark from the Trademark 
Register are met. 
A registration may be deleted from the Trademark Register by a COUlt 
Judgment if the mark after registration has obviously lost its character as a 
distinctive mark or it has become deceptive, contrary to public order or likely 
to cause offence. 
§ 25a Where the holder of a registered trademark has not used the mark 
III this country for the goods which it is registered for within five years from 
the date of the regisb'ation, or if the use has been interrupted for five 
consecutive years, the registration may be deleted from the Trademark 
Register by a COUlt judgment, 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 it is registered for in details that do not affect its distinctiveness, and 
III this country placing of the mark on goods or their packaging for export. As 
the holder's use of the mark is also reckoned use of the mark by someone 
else with the holder's consent 
The registration can not be deleted if the trademark is taken into use or the 
use of the mark is resumed after the expiration of the five year-period, but 
before an action for deletion has been brought. Use of the mark in the last 
three months before an action is brought shall be disregarded, if the 
preparations for the use were only begun after the holder leatl1ed that an 
action might be brought. 
If the trademark has been used for some of the goods the mark is 
registered for, the registration shall only be deleted for the goods which the 
mark has not been used for. 
§ 25b An action according to Sections 25 and 25a may be brought by 
anyone who has legal interest in the matter. An action that builds upon the 
provisions in Sections 13, subparagraphs 1 to 3 of the first paragraph of 
Section 14, or the second pat'agraph of Section 25, may also be brought by 
the Patent Office. 
§ 25c When both the holder and the person contesting his right agree, 
they may demand that a final decision of the question of the validity of the 
registration or the deletion of the registration be made by the Board of 
Appeals. A stipulated fee shall be paid for this. :,:,::. ,:,:,~ : : :,,::: :,,:::::::,,::: ::,:::; :::::: ::::l.. : 
:!i::!,:~' . {I~X?H.)\Lt· !::i;:::.i(.i;,t:::':w::::jn .:.: .:: .:: ". :: 
: . : . •. : ': ':: :.~. .:.j: : ~ • " . 
:"::':'::;"'; : . " .. , .. ,:: ,;.;.;.;' . .. .. 
: .. " 
. " .. . . . . . . . . . IP/N/lINORlT/lIRev.1 
Page 13 
. . . ' 
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 regisb"ation is invalid or is to be deleted 
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 a notification saying that it is planning to 
make such a final decision and has stated the reasons for so doing. 
§ 26 If there is reasonable doubt whether the holder exists, anyone may 
for payment of a stipulated fee request that the registration be deleted. The 
same applies if the holder's address is unknown. 
Before deletion after 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 given in a registered letter or by other 
reliable means. If the holder's address is unknown, the time limit shall be 
published. 
If the holder has not come forward within the time limit, the registration of 
the trademark will be deleted. 
§ 27 Where the registration of a trademark has been invalidated or a final 
decision has been taken to cancel or delete it, the decision shall be recorded 
in the Trademark Register and be published. 
The same applies if the registration is not renewed or if the holder himself 
requests that the registration be deleted from the Trademark Register. 
Chapter 4. 
Special Provisions regarding 
Registration of Foreigners' Trademarks. 
§ 28 If anyone not engaged in an establishment in this country applies for 
registration of a trademark, the applicant must prove that the mark is 
registered by him in his home country for the goods which the application 
compnses. 
This shall however not apply where the home country of the applicant 
makes cOlTesponding concessions in respect of applications by owners of 
establishments in Norway to have trademarks registered there. 
§ 29 Subject to reciprocity, the King may decide that a trademark which is 
registered in a foreign State on more detailed conditions be registered in this 
country, as it is validly registered in the foreign State. vVhere pursuant 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. IP/N/lINORlT IlIRev.1 
Page 14 
, , . ;: 
:: : . 
" , , '::::: ::~:: ,: 
, ' : : ,: ;::::::::::'::::,::": 
. :'. :. , .. : 
" i"~{t.tl m ::r:;':;~TftdJ~': ' :;::;I l?!~:t " 
: :::~}", ': : ; ~' " ,,:, .. 
§ 30 The King may by regulation decide 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 taken into use, the application shall be deemed to 
have been filed in this country at the same time as the filing of the application 
with the foreign State. 
The King issues provisions on when claims of priority according to the first 
paragraph must be put forward. 
§ 31 If an applicant for registration of a trademark is not domiciled in this 
country, the person concerned shall have a representative who is domiciled 
in this counby, who can represent him in all matters concerning the 
application. 
If the holder of a registered trademark is not domiciled in this country, he 
shall have a representative who is domiciled in this country, who on his 
behalf can receive notifications from the Patent Office and announcements 
and other communications relating to legal proceedings. Regarding the 
proceeding of oppositions the first paragraph shall apply cOlTespondingly for 
the holder. 
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. 
§ 32 The light to a b-ademark may be transfen-ed together with, or 
independently of, the establishment in which it is used. 
If an establishment is transfelTed, the right to the trademarks which are 
attached to it passes to the new owner, unless otherwise agreed. 
§ 33 The transfer of a registered trademark shall at the request of the new 
holder and on payment of a stipulated fee be recorded in the Trademark 
Register and be published. Sections 28 and 31 apply cOlTespondingly. 
The Patent Office may refuse to record a transfer if it was not made in 
connection with the transfer of the establishment the mark has been 
attached to, and the Patent Office finds the use of the mark on the hands of 
the new holder to be likely to be deceptive. Such a refusal may be appealed to 
the Board of Appeals. Regarding the time limit for appeals etc., and the 
admission to bling the decisions made by the Board of Appeals before the 
courts of law, Section 22a applies cOlTespondingly. I:: (,: : : .. 
.... ,.:.,.,.. :::,:,:,:,:,:,:::,:,' IP/N/lINORlT/lIRev.l 
Page 15 
f: 
A legal action which concerns a registered b-ademark, 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. 
§ 34 The holder of a mark may give another the right to use the 
trademark in the course of trade Oicence). A licence may relate to some or all 
the goods the mark is protected for, and it may relate to the use of the mark 
In the whole country or part of the country. A licensee can not transfer 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 in relation to a licensee 
who infringes the provisions of the licensing agreement regarding the 
duration of the licence, in which design the mark can be used, on which 
goods the mark can be used, within which geographical area the licensee can 
use the mark, or regarding the quality of the goods which the licensee 
produces. 
Both the holder and the licensee may request that a licence for a registered 
trademark on payment of a stipulated fee be recorded in the Trademark 
Register and be published. In the same manner it will be recorded in the 
Trademark Register and be published if it later is shown that the licence has 
expired. The Patent Office may refuse to record a licence if it finds that the 
licensee's use of the mark is likely to be deceptive. Such a refusal may be 
appealed to the Board of Appeals. Regarding time limits for appeals etc., and 
the admission to bring the decisions made by the Board of Appeals before 
the courts of law, Section 22a applies correspondingly. 
§ 35 The right to a trademark may not be subject to execution or any 
other separate enforcement proceedings on the part of creditors. 
Chapter 6. 
Prohibition of the Use of Deceptive Signs. 
§ 36 If a sign starts being used by a new holder or by another with the 
consent of the holder, and the use of the sign by the new holder is likely to be 
deceptive, a court judgment may prohibit him from using the sign in an 
unaltered form, and otherwise order 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 likely to be deceptive. 
A legal action according to this Section may be brought by the Patent 
Office and otherwise by anyone who has a legal interest in it. IP/N/lINORlT/lIRev.1 
Page 16 
I '. '. .:.:.:.: . : :::. : .:" . 
" : :, : 
" " : : .. . hi[~:~l~~' :~~·.i~\~:;· ~;~:::t ;;L~'U::::' ::j[:~.~~li· : 
':', :: . 
:;:;: ;;::;::::::; :;;::; :L;:; );.:; :. ",' ' .. : 
Chapter 7. 
Provisions regarding Legal Protection. . :; .. 
.' 
§ 37 Anyone who intentionally uses a sign in violation 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 plaintiff. 
§ 38 Anyone who intentionally or negligently has used a sign in violation 
of this Act, shall 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 blame the infiinging party 
for. 
Where such use has been made in good faith, the cOUli of law may order 
the user to pay such compensation according to the provisions in the first 
paragraph as it finds reasonable. 
§ 39 In cases concerning unlawful use of a registered trademark, Section 
37 shall only apply where the use has taken place after the publication of the 
registration. Section 38 shall only apply where the use has taken place after 
the publication or after the user in any other manner has learned that 
regisb-ation of the mark had been applied for. 
§ 40 At the request of the injured party, anyone who has used a sign in 
violation of this Act is obliged to alter or to remove the sign. Where the sign 
can not be altered or removed without unreasonable costs to the person 
found liable, or vvithout damaging or ruining the goods, confiscation may be 
demanded of the objects on which the sign is found. 
The confiscated objects 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 on the person liable in accordance with 
Section 38. 
In cases regarding inftingements of lights to signs, the court of law may 
decide that also other measures than those referred to above be taken to 
prevent misuse of the sign. 
§ 41 A licensee who blings an action regarding infringement is obliged to 
notify this to the holder. 
Chapter 8. 
Provisions relating to Legal Proceedings. 
§ 42 The following actions may be brought before the Municipal Court of 
Oslo (Oslo byrett): . ..:.,' . . . :: : 
: . : " ': ' 
..... : " IP IN I lINORlT IlIRev.1 
Page 17 
1. actions for review of decisions whereby the Board of Appeals refuses an 
application for registration of a trademark, cancels a registration, or 
maintains a decision to cancel a registration made by the Patent Office, 
cf. the third paragraph of Section 22a, 
2. actions regarding invalidation or deletion of a trademark registration, 
cf. Sections 25 and 25a, and 
3. actions for review of refusals made by the Board of Appeals in cases 
referred to in Sections 33 and 34. 
§ 43 Anyone who brings an action as referred to in subparagraph 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. 
If the plaintiff fails to document that a notification as referred to in the first 
paragraph has been given, the court of law may give the plaintiff a time limit 
within which to provide such notification. If the time limit is exceeded, the 
case will be rejected. 
§ 44 The court shall send the Patent Office transcripts of judgments in 
civil cases brought in accordance with the present Act. 
Chapter 9. 
International Registration of Trademarks. 
§ 45 An international trademark registration means the registration of a 
trademark effected by the International Bureau of the World 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 relating 
to the international registration of trademarks in Norway. 
§ 46 The holder of a trademark regisb"ation or an application for 
registration of a trademark in this country, and who either is a Norwegian 
citizen or is domiciled or has a real and effective industrial or commercial 
establishment here in this country, may file an application for international 
registration of a trademark with the Patent Office. 
§ 47 An application for international registration of a trademark shall be in 
writing and contain the applicant's name or business nanle, a reproduction of 
the mark and a list of the goods for which the registration of the mark is 
being applied for. The application shall otherwise meet the requirements set 
forth in the regulations and enclose the stipulated fee. IP/N/lINORlT/lIRev.1 
Page 18 
.. :: .. . .. 
.. : .. 
:. . : .. :; :: . : . : . . : 
:' ... '.: .:.,'. 
':':'''''':'::. ':':'":'':''' ::<: . :.:.:.:. . .. :.:.::: : 
. :;. :;: ::: ::' ,: :.V:::~~::U:'~l:r ::~:,;~:,t : !:~~:[:~:+::;, f~~:~(; f'~:i:l 
. " .' . : .. . ~ ': ~ . " : ': .' 
§ 48 The Patent Office shall certify that the particulars in the international 
application con-espond to the particulars in the Norwegian basic trademark 
registration or the basic application for registration of a trademark on which 
the international registration is based upon. 
In case the particulars do not correspond, the Patent Office shall notify the 
applicant of this. The applicant shall be given a time limit to remedy the 
application. If the notification from the Patent Office is not replied to 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 con-espond as mentioned in the first paragraph, the 
Patent Office shall send a certification of this to the International Bureau 
together with the international application. 
§ 49 If the Patent Office is notified by the International Bureau that the 
holder of an international regisb-ation of a trademark that is not based upon a 
Norwegian regisb-ation or an application, cf. Section 46, has requested that 
the international regisb-ation of the trademark be valid in Norway, the Patent 
Office shall examine to see whether there are any obstacles that prevent this. 
For such a 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 f01ih in Section 
13 or if it is not registrable in this country because of the provisions in 
Section 14. 
§ 50 Where such obstacles exist referred to in the second paragraph of 
Section 49, the Patent Office shall decide that the international registration is 
not valid in Norway. 
The holder of the international regisb-ation may, to the extent and on the 
tenns as set f01ih in regulations, request the Patent Office to review the 
question of whether the international registration shall be valid in Norway. 
Regarding reinstatement when the time limits have been exceeded, 
Section 60 applies correspondingly. 
§ 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 and published that the international registration is valid in Norway. 
§ 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 
applies correspondingly. If an opposition is filed, it shall be recorded in the : , .......... ' .. " :. IP IN I lINORlT I lIRev.1 
Page 19 
'::::::::::::: : . ,:::,:,:,:,:,:,:,:,;,:,:,:,:,:~: ..... :':.,.,::.,.,. '. ,; i .' : : :. . .' . .:.. :' : : : :. ; :. : : .: : .:':':; . :::::: :~::::.: . .tllll 
Trademark Register and published. Further prOVISIOns regarding the 
procedure of oppositions will be issued in regulations. When a final decision 
regarding the opposition has been made by the Patent Office, a notice of the 
final decision shall be recorded and published. 
Regarding the Patent Office's admission to ex officio invalidate the effects 
of an international registration in Norway, Sections 21b and 21c apply 
correspondingly if this can be done within the time limits set forth in Article 5 
of the Madrid Protocol. 
§ 53 A recordal In the Trademark Register that an international 
registration of a trademark is valid in N onvay, has the same effect as if the 
trademark was registered in this counb-y. The recordal is effective from the 
day the international registration is deemed to have been made by the 
International Bureau according to the Madrid Protocol, or from the date of a 
subsequent designation of Norway, or from the date when the registration or 
the subsequent designation of Norway has priority according to Sections 18 
or 30. 
§ 54 The international registration or the subsequent designation of 
Norway is valid for up to ten years from the day 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 
Ivladrid Protocol. A stipulated fee must be paid for renewals. Renewals are 
recorded and published. 
§ 55 If a person has both an international registration which is effective in 
this country and a Norwegian trademark registration, the international 
registration of the mark replaces its N onvegian registration if the 
international registration is effective in this country from a later date than the 
Norwegian registration, 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 lights 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 published. 
§ 56 Wh~re an international registration which is valid in Norway ceases 
in full or in part, it ceases at the same time in Norway to the same extent. 
This shall be recorded in the Trademark Register and published. 
§ 57 If an international registration which is valid in Norway ceases due to 
lapse of the basic national registration or the national application according 
to the Madrid Protocol, and the holder within three months from the date of IP/N/lINORlT/lIRev.l 
Page 20 
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 
registration was 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. 
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 was effective, files an application for registration of 
the trademark in this counuy, this application is deemed to have been filed 
on the date the international registration was 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. 
§ 58 Regarding the admission to appeal decisions made by the Patent 
Office in cases concerning international regisu-ations to the Board of 
Appeals and regarding the admission to bring decisions made by the Board 
of Appeals before the courts of law, Sections 22 and 22a apply 
correspondingly. 
§ 59 The Patent Office will 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. 
§ 60 If anyone who applies for registration of a trademark, exceeds 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 given reinstatement provided it is proved that the applicant 
himself and as the case may be also his representative, has shown all the care 
that can reasonably be demanded. The request must be presented in writing 
to the Patent Office within two months after the obstacle that caused the 
exceeding of the time limit has ceased, and at the latest four months after the 
expiration of the time limit. Within the same time the omitted action shall be 
taken and the stipulated fee paid. 
The first paragraph does not apply to time limits referred to in Sections 18 
and 22a. 
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 admission to bring decisions by the Board of Appeals before the courts of 
law, Section 22a shall apply correspondingly. IP IN I lINORlT I lIRev.1 
Page 21 
§ 61 Anyone has a right to examine the Trademark Register and to obtain 
certified extracts from it, or copies of trademark applications with 
accompanying documents which are accessible to the public in accordance 
with Section 17 a. 
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 to remedy 
obstacles, 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. 
§ 62 The King may issue more detailed provisions regarding applications 
for registration of b'ademarks and oppositions and the procedure regarding 
these, the stipulation of fees, the Trademark Register, the publication issued 
by the Patent Office, and otherwise concerning the implementation of this 
Act. 
§ 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 
utilb0rlige varekjendetegn og forretningsnavn (the Trademarks Act of July 2, 
1910 number 5), 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 earlier 
Act. Registration according to the second paragraph of Section 25, or Section 
25a, may be deleted if the mark was registered before the entry into force of 
this Act. 
NORWEGIAN PATENT OFFICE 
PO.Box 8160 Dep. lV-0033 Oslo. J(0beJl!Jol'llgoteJl 10, Oslo. 
Phone + 472238 7300 Fax + 47 22 38 73 01