WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IPIN/IINOR/f/3 
15 September 1998 
(98-3489) 
Original: English! 
Anglaisl 
Ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
NORWAY 
The present document reproducesl the Trademark Regulations (Royal Decree of 
29 March 1996), as notified by Norway under Article 63.2 of the Agreement (see document 
IP/N/l/NORl2). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A 
LA PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
NORVEGE 
Le present document contient le textel du Reglement sur les marques (Decret royal du 
29 mars 1996), notifie par la Norvege au titre de l'artic1e 63:2 de l'Accord (voir le 
document IP/N/l/NORl2). 
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 
pARRAFO 2 DEL ARTiCULO 63 DEL ACUERDO 
NORUEGA 
En el presente documento se reproduce2 el Reglamento sobre Marcas de Fabrica 0 de 
Comercio (Real Decreto de 29 de marzo de 1996), notificado por Noruega en virtudde 10 dispuesto 
en el parrafo 2 del articulo 63 del Acuerdo (vease el documento IP/N/l/NORl2). 
I In English onlylEn anglais seulementlEn ingles solamente. IPIN/IINOR/T/3 
Page 2 
NORWEGIAN PATENT OFFICE 
TRADEMARK 
REGUlATIONS 
Royal Decree of March 29, 1996 pursuant to Act No. 4 of March 3, 1961 concerning 
Trademarks, sections 16,17,18,29,30,31,47,50,52,59 and 62 and Act No. 5 of 
March 3,1961 concerning Collective Marks, sections 2 and 8. Amended by Royal 
Decree of December 20, 1996 pursuant to the Trademarks Act, sections 29 and 62 
the Collective Marks Act, section 8. Presented by the N o lWegi an Ministry of Justice 
Bl. 239-1000-09.97-Sats/repro: Grafutura as-Trykk: SEM Grafisk A/S 2 TABlE OF CONTEN1S 
Chapter 1. ....... .Introduction 
Chapter 2 ......... Filing National Trademark Applications, etc. 
Chapter 3 ......... Priority, etc. 
Chapter 4 ......... Division of Applications 
Chapter 5 ......... Exceptions from Legal Protection 
Chapter 6 ......... Oppositions IP/N/IINOR/f/3 
Page 3 
Chapter 7 ......... Alterations and Expunction from the Trademark Register 
Chapter 8. ........ Applications for International Trademark Registration 
Chapter 9 ......... Designation of Norway in International 
Trademark Registrations 
Chapter 10. 
Chapter 11. ....... Miscellaneous Provisions IPIN/IINOR/f/3 
Page 4 
Chapter 1 
Introduction 
Section 1 
The provisions in these regulations with respect to trademarks apply also 
to collective marks where nothing to the contrary is stated or is evident from 
the context. The provisions with respect to goods applyalso to services whe­
re nothing to the contrary is stated or is evident from the context. 
Chapter 1 
Filing National Trademark Applications, etc. 
Section 2 
Application for registration of a trademark shall be filed in writing withe 
Norwegian Patent Office, cf. section 17, first paragraph, firs period, of the 
Trademarks Act. 
The application shall be drawn up in the Norwegian language unless the 
Patent Office in individual cases accepts that the application is wholly or part­
ly in another language. The Patent Office may require that appendices which 
are not in Norwegian be accompanied by a translation into Norwegian. 
Certification of the translation by a government-authorised translator or in 
some other manner acceptable to the Patent Office may be required. 
Section 3 
The application shall be signed by the applicant or his representative 
and contain: 
1) a reproduction of the trademark; 
2) the applicant's business name or name, and also the name of his 
representative, if any; 
3) a list of the goods and the respective classes of goods in respect of which 
registration of the mark is sought; 
If the applicant wishes the mark to be perceived as a word mark in stan­
dard letters or as a three-dimensional mark (product get-up or the like), this 
must be stated in the application. 
If the application concerns a letter mark, or number mark or a word mark 
of a characteristic shape or a device mark, illustrations of the mark shall be 
submitted as appendices to the application. 
In an application for the registration of a collective mark, the provisions 
stipulated for the use of the mark must be enclosed as appendices. 
Section 4 1 
3 4 Section 5 IPIN/IINOR/f/3 
Page 5 
Registration may not be applied for more than one trademark in one and 
the same application. 
Section 6 
The Patent Office shall allocate all applications filed, cf. section 17, second 
paragraph of the Trademarks Act, an application nUJnber. 
Section 7 
The Patent Office shall keep a journal of all applications filed. 'The journal 
shall be available to the public. 
Section 8 
The Patent Office may provide further provisions with respect to: 
1) classification of goods into classes of goods; 
2) the application and the infom.lation it shall contain; 
3) the obligation of the person acting as representative to enclose with 
the application confirmation of his representation of the applicant; 
4) other appendices which shall be enclosed with the application, and 
theinfonnation these appendices shall contain; and 
5) the journal of all applications filed. 
Chapter 3 
Priority, etc. 
Section 9 
The provisions concerning exhibition priority in section 18, first paragraph 
of the Tradernarks Act apply correspondingly in the case of intenlational 
exhibitions held in a State which has acceded to the Paris Convention for the 
Protection of Industrial Property or the Agreement establishing the World 
Trade Organization. 
The claim of exhibition priority from an international exhibition in this coun­
try or frorn an international exhibition as mentioned in the first paragraph, 
shall be included in the application for registration of a trademark, or shall be 
filed in writing with the Patent Office no later than within in two months after 
the filing date of the application. This claim shall be accompanied by infor­
mation with respect to: 
1) the international exhibition at which the trademark was first used for the 
goods displayed; and 
2) the date of the opening of the exhibition and of the first display of the 
goods at the exhibition. 
Anyone who wishes to claim exhibition priority shall file evidence of priori­
ty within two months after the claim thereof has been submitted to the Patent 
Office. Acceptable as evidence of priority is a statement from the manage-IPIN/lIN OR/T/3 
Page 6 
ment responsible for the exhibition to the effect that the exhibition is interna­
tional, provided the statement also contains particulars with regard to the 
date of the opening of the exhibition and of the first display of the goods at 
the exhibition. 
The applicant's right to exhibition priority lapses if the conditions in the 
second and third paragraphs are not fulfilled. 
Section 10 
Application priority as mentioned in section 30, first paragraph, of the 
Trademarks Act, may be claimed pursuant to the Paris Convention, Article 4, 
on the basis of the first application for registration of the mark which is filed 
in a State party to the Paris Convention for the Protection of Industrial 
Property or the Convention establishing of the W orId Trade Organization, 
provided that an application for registration of the mark is filed in Norway wit­
hin six months after the filing of the first application. 
The claim of application priority shall be included in the application or filed 
in writing with the Patent Office no later than within two months after the 
application for registration of the trademark has been filed in Norway. The 
claim shall be accompanied by information with respect to 
1) the State in which registration of the mark was first sought; 
2) the filing date of the first application; and 
3) the application number of this application, if known. 
If the application number referred to in item 3 is not known when the claim 
of application priority is filed, information wit.h respect to the number must be 
submitted to the Patent Office as soon as the applicant becomes cognisant 
thereof. 
Anyone claiming application priority shall file evidence of priority within 
two months after receiving a request therefor from the Patent Office. 
Acceptable as evidence of priority is a copy of the first application which has 
been filed in the State concerned, provided that the registration authorities in 
that State have furnished the copy with 
1) continnation that the copy is in conformity with the application first filed 
in the state in question; and 
2) confirmation of the filing date of the application in the state concerned. 
The applicant's right to application priority lapses if the conditions in the 
second and third paragraphs are not fulfilled. 
Section 11 2 
On the conditions referred to in the Paris Convention, Article 6quinquies, 
the applicant may request that a trademark be registered in this country in 
the same manner as the mark has been registered in a foreign State party to 
the Paris Convention on the Protection of Industrial Property or the 
Agreement establishing the W orId Trade Organization ("telle-queUe" regi-
5 6 IP/NIl/NOR/T/3 
Page 7 
stration), cf. section 29 of the TradelnarksAct. Requests for registration of 
this kind must be included in the application or submitted in writing to the 
Patent Office within two months after the application for registration of the 
trademark has been filed with the Patent Office. Evidence of registration of 
the mark in the foreign State shall be enclosed with the request. Acceptable 
as evidence is a copy of the certificate of registration in the foreign state, pro­
vided that the correctness of the copy has been certified by the registration 
authorities of the State concerned. 
Section 12 
A claim of priority pursuant to section 57 of the Trademarks Act nlust be 
included in the application for registration of the tradernark in this country or 
submitted in writing to the Patent Office no later than two lTIonths after the 
filing date of the application. In the request reference shall be made to the 
international registration which has ceased. 
Chapter 4 
Division of Applications 
Section 13 
The applicant nlay request in writing that the Patent Office should divide 
the application into two or more new applications. The request shall contain 
details as to which goods and respective classes of goods each of the new 
applications shall cover. The applicant shall state in the request which of the 
new applications shall be considered as a pursuance of the original applicati­
on. 
The request shall be accompanied by a new application fee for each new 
. application which is not considered to be a pursuance of the original applica­
tion. 
Section 14 
After the division, none of the applications may cover goods which were 
not covered by the original application prior to the division. After division, 
the applications may not cover the same goods. 
Section 15 
The request for division shall be refused if the conditions in sections 13 
and 14 are not fulfilled, or if the Patent Office otherwise finds that a division 
will result in doubt as to the scope of one of the applications. 
Section 16 
If the Patent Office finds no obstacle to granting the applicant's request for 
division, the request shall be granted. 
The application considered as a pursuance of the original application, cf. IPIN/IINOR/T/3 
Page 8 
section 13, retains the application number allocated to the original applicati­
on. New applications, not considered to be a pursuance of the original appli­
cation, shall each be allocated their own new application number. 
The new applications retain the priority of the original application. 
Section 17 
The Patent Office may provide detailed provisions with respect to the 
extent to which the applicant shall file a copy of documents which previously 
have been filed as a part of or appendix to the original application. 
Chapter 5 
Exceptions from Legal Protection 
Section 18 
If the Patent Office finds that on registration of a trademark it should be 
stated explicitly in a disclaimer that a part of the mark shall be excepted from 
legal protection, cf. section 15, second paragraph, of the Trademarks Act, the 
applicant shall be notified of the wording of the disclaimer and granted a time 
limit in which to submit his observations. 
If the applicant is opposed to such a disclaimer, the Patent Office may refu­
se the application for registration of the trademark. 
Chapter 6 
Oppositions 
Section 19 
A notice of opposition pursuant to section 21 of the Trademarks Act 
shall be filed in writing in triplicate and shall contain details with respect to: 
1) the opponent's name and address, and also the name and address of the 
representative, if any; 
2) the number of the registration to which an opposition is lodged, and 
3) a statement of the grounds on which the opponent believes the 
registration must be cancelled. 
In special cases as referred to in section 21, first paragraph, third period, of 
the Trademarks Act, the Patent Office may grant the opponent an additional 
time limit of up to one month in which to file additional documentation in sup­
port of the opposition. 
Section 20 
The Patent Office may provide detailed provisions with respect to the obli­
gation of anyone acting as representative to enclose with the opposition con­
firmation of their representation of the opponent. 
Section 21 
7 8 IPINIIINORff/3 
Page 9 
The Patent Office shall reject the opposition if the conditions stipulated in 
or pursuant to section 19, first paragraph, and section 20 are not fulfilled. 
Section 22 
If the ,Patent Office does not find it obvious that the opposition shall be 
rejected pursuant to section 21a, second paragraph, of the Trademarks Act, 
the Patent Office shall send two copies of the opposition to the holder of the 
registration with an invitation to file observations in reply within a fixed peri­
od. 
If the holder responds, the Patent Office shall decide whether further cor­
respondence between the parties is necessary. 
The response and any subsequent communications shall be filed in tripli­
cate. 
Section 23 
The opposition proceedings may in cases referred to in section 21, fifth 
paragraph, of the Trademarks Act only be continued if the Patent Office noti­
fies the holder of the registration thereof within two weeks after the Patent 
Office received notice of withdrawal of the opposition. 
Chapter 7 
:Alterations and Expunction from the Trademark Register 
Section 24 3 
An application for alteration of a registered trademark pursuant to section 
24 of the Trademarks Act shall be submitted in writing and contain: 
1) the name and address of the holder, and also the name and address 
of his representative, if any; 
2) the registration number of the trademark it is sought to alter; 
3) the alteration of the trademark which it is desired to have effected; and 
4) a reproduction of the mark in its changed form. 
The application shall be signed by the holder or his representative. 
Section 25 
A request from the holder for the expunction of a trademark from the 
Register, cf. section 27, second paragraph, of the Trademarks Act, shall be 
filed,in writing with the Patent Office and shall state the number of the regi­
stration which it is desired to have expunged. The request shall be signed by 
the holder himself or by an representative to whom the applicant has given a 
special power of attorney to apply for expunction. IPIN/IINOR/T/3 
Page 10 
Section 26 
The holder may request a limitation of the list of goods in respect of which 
the mark is registered. The request shall be filed in writing with the Patent 
Office and shall state the registration number and the goods the holder no 
longer wishes the registration to cover. Section 25, second paragraph, appli­
es correspondingly. 
Section 27 4 
A request for expunction of the registration of a trademark pursuant to sec­
tion 26 of the Trademarks Act shall be submitted in writing to the Patent 
Office and shall state the registration number of the trademark. The request 
should provide as to the CirCUlTIstances on which the request is based. 
Section 28 5 
Requests pursuant to section 33 of the Trademarks Act with respect to 
recordals in the Trademark Register of the transfer of a registered trademark 
shall be submitted in writing to the Patent Office. The Patent Office may 
issue regulations stipulating further provisions with respect to the formulati­
on and content of the request and also a request for evidence that the transfer 
has taken place. 
If a recordal is made as referred to in the first paragraph, notice thereof 
shall be published. 
Section 29 
Section 28 applies correspondingly to requests for recordals in the 
Trademark Register: 
1) regarding licence for a registered trademark, cf. section 34 of the 
Trademarks Act; 
2) regarding change of name of the registration holder or licensee; and 
3) regarding change of representative. 
Chapter 8 
Applications for International Trademark Registrations 
Section 30 
Applications for international registration of a trademark on the basis of a 
Norwegian trademark application (basic application) or a Norwegian trade­
mark registration (basic registration), cf. section 46 of the Trademarks Act, 
shall be filed with the Patent Office. 
9 Section 31 IPIN/IINOR/T/3 
Page 11 
The application shall' be drawn up in the English language and shall be 
filed in writing in one copy using the International Bureau's application fonn. 
The fonn shall be completed in type. The list of goods shall be in English. 
Moreover, the application shall fulfil the requirements of section 47 of the 
Trademarks Act and Regulations under the Madrid Protocol (Madrid 
Regulations), Rule 9(4) and 6(a) (i) to (vi) and (d). 
Section 32 
The application may be based on several registrations or applications if the 
mark is the same, the applicant is the same and all the goods listed in the 
application are covered by the list of goods in one or more of the basic appli­
cations or basic registrations. 
Section 33 6 
Section 34 
If the Patent Office, after processing the application pursuant to section 48 
of the Trademarks Act, accepts the application, the Patent Offices shall pro­
ceed with the application to the International Bureau as prescribed in the 
Madrid Protocol and the Madrid Regulations. 
In the case of basic registrations, it shall be recorded in the Trademark 
Register that the registration is the basis for an international registration 
application. In the case of basic applications, it shall be recorded in the jour­
nal referred to in section 7 that the application is the basis of an application 
for international registration. 
Section 35 
In addition, the Patent Office shall furnish the International Bureau with 
the infonnation that the Norwegian trademark authorities are obliged to pro-' 
vide pursuant to the Madrid Protocol and the Madrid Regulations. 
Chapter 9 
Designation of NotWay in International Trademark Registrations 
Section 36 7 
Section 378 
If the Patent Office receives notification from the International Bureau that 
the holder of an international registration of a trademark which is not based 
on a Norwegian registration or application has requested that the internatio­
nal registration of the mark shall also be valid in Norway (has designated 
Norway), the Patent Office shall check to see whether there is any obstacle 
10 IPIN/IINOR/T/3 
Page 12 
to the registration which may apply in Norway. Infonnation with respect to 
the designation must be entered in the journal referred to in section 7. 
If there is any obstacle to the registration being valid wholly or in part in 
Norway, the Patent Office shall at the latest within 18 months, reckoned from 
the dispatch of the notification of the designation of Norway from the 
International Bureau, infonn the Bureau as prescribed in the Madrid Protocol 
and the Madrid Regulations of the decision that the registration wholly or in 
part shall not be valid in Norway. 
In the notification pursuant to the second paragraph, it shall be stated that 
the holder of the international registration may request a review of the questi­
on of the validity of the international registration in Norway. The holder shall 
be granted an equitable time limit in which to request this and to refute or 
remedy the obstacle. Section 19, third and fourth paragraphs of the 
Trademarks Act apply correspondingly. Regarding the obligation of the hol­
der to have an representative having his residence or principal place of busi­
ness in this country during the review, section 31, first paragraph, of the 
Trademarks Act applies correspondingly. 
Section 38 
If the Patent Office finds, after a review pursuant to section 37, third para­
graph, that there is no obstacle to the validity of the international registration 
in Norway, it shall be recorded in the Trademark Register and notice of the 
validity of the international application in Norway shall be published. The list 
of goods must be recorded in the Register in English, and in the published 
notice mention must be made of the classes of goods to which the goods 
belong. 
Section 39 
Regarding oppositions to the validity of an international registration in 
Norway, in addition to section 52, first paragraph, of the Trademarks Act, the 
rules in sections 21 and 2la and the regulations in Chapter 6 herein apply cor­
respondingly, with the adjustments resulting from the second and third para­
graphs. 
If an opposition is withdrawn, the opposition proceedings may only contin­
ue if there are special reasons therefor and notification of the decision that 
the registration shall not be valid in Norway moreover can be given to the 
International Bureau within the lB-month time limit referred to in section 37, 
second paragraph. 
Once the lB-month time limit referred to in section 37, second paragraph, 
has expired, a decision that the registration shall not be valid in Norway can­
not be based on grounds other than those stated in the opposition. 
11 12 IPINIIINORff/3 
Page 13 
Regarding the obligation of the holder to have an representative having 
his residence or principal place of business in this country during the proces­
sing of the opposition, section 31, first paragraph of the Trademarks Act app­
lies correspondingly. 
The Patent Office shall inform the International Bureau to the extent 
necessary that owing to oppositions the decision that the registration shall 
not be valid in Norway, cf. the Madrid Protocol, Article 5(2) (c), may not be 
taken until after the 1S-month time limit referred to in section 37, second 
paragraph, has expired. 
Section 409 
The provisions in section 31 of the Trademarks Act with respect to the 
obligation to have an representative having his residence or principal place 
of business in this country apply to international applications only to the 
extent stipulated in the regulation in section 37, third paragraph, fourth peri­
od, and in section 39, fourth paragraph, and also on appeal to the second 
instance department of the Patent Office (the Board of Appeals). 
Section 41 
The Patent Office shall also furnish the International Bureau with the 
information that the Norwegian trademark authorities are obliged to provide 
pursuantto the Madrid Protocol and the Madrid Regulations. 
Chapter 10 10 
Chapter 11 
Miscellaneous Provisions 
Section 53 . 
The Patent Office may issue regulations stipulating further provisions with 
regard to 
1) certificates of registration; 
2) the Trademark Register; 
3) requests for renewal of trademark registrations; 
4) notices which shall be published pursuant to the Trademarks Act or 
these Regulations; 
5) the calculation of time limits; and 
6) the implementation of the Trademarks Act and these Regulations in 
other respects. IP/N/l/NOR/T/3 
Page-14 
Section 54 
These Regulations come into force on April 1, 1996. 
From that date the following are repealed: the Regulations No. 9911 of 
August 4, 1961 concerning Applications for Registration, etc. of Trademarks 
and Collective Marks, the Prince Regent's Decree of November 19, 1971 con­
cerning the delegation of the authority pursuant to the section 16 of Act No. 4 
of March 3, 1961 concerning Trademarks to determine the classification of 
goods and services to the Patent Office, and Royal Decree of October 7,1977 
relating to the delegation of authority pursuant to section 43 of Act No. 3 of 
March 4, 1961 concerning Trademarks to determine further provisions regar­
ding the content of applications for registration of trademarks submitted the 
Patent Office. Provisions laid down by the Patent Office in accordance with 
the Prince Regent's Decree of November 19, 1971 and Royal Decree of 
October 7, 1977 shall continue to be in force until the Patent Office repeals 
them, cf. section 8, first and second paragraphs, of these Regulations. 
Applications for registration of trademarks and collective marks where the 
decision to lay them open to public inspection was taken prior to April 1, 1996 
shall be processed to completion according to the rules of procedure that 
were valid until April 1, 1996. 
In the case of applications filed prior to 1 April 1996, but which shall never­
theless be processed according to these Regulations" the claims of exhibition 
or application priority or of "telle-quelle" registration, cf. sections 9 and 11, 
must be made before the mark is registered and at the latest by October 1, 
1996. 
13 IPINIIINORff/3 
Page 15 
1 Repealed by Royal Decree of December 20,1996. Now see Regulations 
concerning Fees Payable to the 
Patent Office, section 1. Amendnlent in force from January 1, 1997. 
2 The first period was amended by Royal Decree of December 20, 1996. 
Amendment in force from January 1, 1997. 
3 The second paragraph was amended by Royal Decree of December 20, 
1996. Now see Regulations concerning 
Fees Payable to the Patent Office, section 4. Amendment in force from 
January 1,1997. 
4 The first paragraph was amended by Royal Decree of December 20, 1996. 
Now see Regulations concerning 
Fees Payable to the Patent Office, section 5. Amendment in force from 
January 1,1997. 
5 The first paragraph was amended Royal Decree of December 20, 1996. 
Now see Regulations concerning Fees 
Payable to the Patent Office, section 6. Amendment in force from January 
1,1997. 
6 Repealed by Royal Decree of December 20, 1996. Now see Regulations 
concerning Fees Payable to the Patent 
Office, section 9. Amendment in force from January 1, 1997. 
7 Repealed by Royal Decree of December 20, 1996. Now see Regulations 
concerning Fees Payable to the Patent 
Office, section 10 and the present Regulations, section 37, first paragraph, 
and section 40. Amendment in 
force from January 1, 1997. 
8 The first period was amended by Royal Decree of December 20, 1996. 
Amendment in force from 
January 1,1997. 
9 The content of section 40 was amended by Royal Decree of December 20, 
1996. Regarding renewals and 
designations of Norway, now see Regulations concerning Fees Payable to 
the Patent Office, section 10. 
Amendment in force from January 1,1997. 
10 Repealed by Royal Decree of December 20, 1996. Now see Regulations 
concerning Fees Payable to the 
Patent Office, Chapter 1: Fees pursuant to sections 1 to 10 of the 
Trademarks Act and the Collective Marks 
Act. Amendment in force from January 1,1997. 
14