The Norwegian Trademarks Act  
Act no. 08 of 26 March 2010: The Norwegian Trademark Protection Act  
(the Norwegian Trademarks Act)  
DATE: LOV -2010 -03-26-8  
MINISTRY: JD (Ministry of Justice and the Police)  
PUBLISHED: I 2010 part 4  
ENTRY INTO FORCE: 01/07/ 2010  
NORWEGIAN TITLE: Lov av 8.mars 2010 nr. 8 om varemerker (varemerkeloven)  
ENTRY INTO FORCE OF LAST AMENDING ACT: 2014 -05-09  
 
This is an unofficial translation of the Norwegian Trademarks  Act. Should there be any difference s between 
this translation and the authentic Norwegian text, the decision will be made on the basis of the authentic 
Norwegian text  
(The Table of Contents is not a part of the Act. It has been included for the purposes of information) . 
 
  
Table of Contents  
Chapter 1 . General Provisions. §§1 -11. 
Chapter 2 . National application for registration of a trademark §§12 -25. 
Chapter 3 . Opposition and Cancellation §§26 -31. 
Chapter 4 . Duration of the Trademark Registration. Trademark Alteration §§32 -34. 
Chapter 5 . Review, Invalidity and Deletion §§35 -48. 
Chapter 6 . Appeal and Legal Proceedings §49 -52. 
Chapter 7 . Assignment and Lic ence, etc. §§53 -56. 
Chapter 8 . Sanctions against Trademark Infringement §§57 -61. 
Chapter 9 . Provisions in Respect of Legal Proceedings §§62 -65. 
Chapter 10 . International Registration of Trademarks §§66 -76. 
Chapter 11 . Miscellane ous Provisions §§77 -82. 
Chapter 12 . Final Provisions §§83 -84 
 
  
Chapter 1. General Provisions  
Section  1. Exclusive righ t to a trademark, etc.  
Any natural or legal person may acquire an exclusive right to use a trademark as a distinctive sign for goods or 
services in an industrial or commercial undertaking pursuant to the provisions of this Act (trademark right).  
A society or other organisation may acquire an exclusive right for its members to use a collective trademark for 
goods or services in an industrial or commercial undertaking (collective mark). A public authority, foundation, 
company or other organisation that establ ishes standards for or conducts any other testing on goods or services may 
acquire an exclusive right to use a trademark for such goods or services to which the standards or the testing apply 
(guarantee or certification mark). Trademarks such as those ment ioned in this paragraph are called collective marks.  Any person who uses his own name or a protected business name as a sign for his goods or services enjoys 
protection pursuant to the rules of this Act against unlawful use of the name as a trademark by ot her persons within 
the same geographical territory.  
Section  2. Signs that may be trademarks  
A trademark may consist of any sign capable of distinguishing the goods or services of one undertaking from those 
of another, such as words and combinations of word s, including slogans, names, letters, numerals, figures and 
pictures, or the shape of the goods, their get -up or their packaging.  
A trademark right may not be acquired for signs that consist exclusively of a shape that results from the nature of the 
goods themselves, is necessary to obtain a technical result or adds substantial value to the goods.  
Section  3. Establishment of a trademark right  
A trademark right may be acquired for the whole of Norway by registering the trademark in the Trademark Register 
according to the provisions in Chapter 2.  
A trademark right may also be acquired for the whole of Norway by international registration according to the 
provisions in Chapter 10.  
A trademark right is acquired without registration when the trademark is establis hed by use. A trademark is 
considered to be established by use when and for as long as it is well known in the circle of trade in Norway for the 
relevant goods and services as someone’s sign. If such use is established only in part of Norway, the exclusive  right 
has effect only in this territory.  
Section 4. Content of a trademark right  
A trademark right has the effect that no one, without the consent of the proprietor of the trademark right (the 
trademark proprietor), may use in an industrial or commercial undertaking:  
a. any sign which is identical with the trademark for goods or services for which the trademark is protected  
b. any sign which is identical with or similar to the trademark for identical or similar goods or services if there 
exists a likelihood of c onfusion, such as if the use of the sign may give the impression that there is a link 
between the sign and the trademark.  
For a trademark which is well known in Norway, the trademark right implies that no one, without the consent of the 
trademark proprieto r, may use a sign that is identical with or similar to the trademark for similar or any other goods 
or services, if the use of that sign without due cause takes unfair advantage of, or is detrimental to, the distinctive 
character or repute (goodwill) of th e well -known trademark.  
Use is considered to include the following:  
a. affixing the trademark to goods or to the packaging thereof  
b. offering goods for sale or otherwise putting them on the market, stocking or delivering them under the 
sign, or offering or supp lying services thereunder  
c. importing or exporting goods under the trademark  
d. using the sign on business documents and in advertising.  
Verbal use of the sign is also considered as use.  Section  5. Restriction of a trademark right  
A trademark right acquired by registration does not cover any part of a trademark which could not be registered 
separately.  
The trademark right does not prevent others from using the following in accordance with honest practices in 
industrial or commercial matters:  
a. his name, business n ame or address  
b. indications concerning the kind, quality, quantity, purpose, value or geographical origin of the goods or 
services, the time of production of the goods or of rendering the services or other characteristics of the 
goods or services  
c. the tradem ark, when this is necessary to indicate the intended purpose of goods or services, such as when 
the trademark indicates that the intended purpose of the goods is as accessories or spare parts.  
An exclusive right to a geographical indication of origin acqui red by registration as a collective mark does not 
prevent others from using the indication when such use is in accordance with honest practices in industrial or 
commercial matters.  
Section  6. Exhaustion of a trademark right  
A trademark right does not preve nt the use of the trademark for goods put on the market under the trademark within 
the European Economic Area (EEA) by the proprietor or with his consent.  
Paragraph one does not apply if the proprietor has legitimate reasons to oppose further commercialisa tion of the 
goods, such as if the condition of the goods has changed or impaired after they were put on the market.  
Section 7. Priority in the event of conflict between rights  
If more than one party make separate claims to an exclusive right to identical o r similar trademarks cf. Section 4, the 
proprietor with the earlier right has priority, provided this is not contrary to the provisions in Section 8.  
Section  8. Effects of remaining passive  
The right to a registered trademark shall coexist with an earlier right to a sign if the proprietor of the earlier right was 
aware of and tolerated the use in Norway of the later trademark for five consecutive years following registration and 
the application for registration of the later trademark was filed in good faith . If the later trademark was in use only 
for some of the goods or services for which it was registered, the right applies only to these goods or services.  
The right to a trademark established by use shall coexist with an earlier right to a distinctive sign  if the proprietor of 
the earlier right has taken no steps to prevent the use of the later trademark within reasonable time. The proprietor of 
an earlier right to a trademark which is well known, cf. Section 4, paragraph two, is considered to have acted wi thin 
reasonable time if he takes steps to prevent the use within five years after he became aware of the use . 
Section 9. Coexistence  
In cases such as those mentioned in Section 8 and Section 35, paragraph two, sentence two, the proprietor of the later 
right may not oppose the use of the earlier distinctive sign even if the proprietor of the earlier right is no longer 
entitled to invoke his right against the use of the later trademark.  In cases such as those mentioned in Section 8, paragraph two, a court may , if it considers it reasonable, decide that 
one or both distinctive signs may only be used in the future in a particular manner, for instance in a certain shape or 
form or with a clarifying addition such as the name of the proprietor or a location, or may  only be used for specific 
goods or services or within a specific territory.  
Paragraph two applies correspondingly to cases in which the same or similar trademarks are established by use for 
different proprietors in different parts of Norway.  
Section 10. D eceiving trademarks, etc.  
If a trademark is of such nature as to deceive or is used by the trademark proprietor or by any other person with the 
consent of the trademark proprietor in a manner capable to deceive, a court may prohibit the use of the trademar k or 
such forms of use that are considered deceiving and may issue other injunctions that are considered necessary.  
Legal actions pursuant to paragraph one may be brought by the Norwegian Industrial Property Office and by anyone 
who has a legal interest in  doing so.  
Section  11. Reproduction of trademarks in textbooks, etc.  
When publishing a dictionary, manual, textbook or similar non -fictional publication, the author, chief editor and 
publisher shall at the request of the proprietor of a registered trademar k, ensure that the trademark is not reproduced 
in the publication, unless it is clearly stated that it is protected by registration.  
If a request is made in due time and in accordance with the preceding paragraph is not complied with, the natural or 
legal person to whom the request was addressed may be required to defray the cost of a rectification published in 
such a manner and to such extent as is considered reasonable by the Court.  
A request according to paragraph one is always considered complied with i f the trademark is reproduced with the 
symbol ® in a clear manner.  
  
Chapter 2. National application for registration of a trademark  
Section  12. Application for registration  
An application for registration of a trademark shall be filed in writing with the Norwegian Industrial Property Office.  
The application shall include:  
a. the name and address of the applicant  
b. a representation of the trademark  
c. a list of the goods or services in respect of which the registration is requested.  
An application for registration of a collective mark shall also include the regulations established for the use of the 
trademark.  
The application is subject to the requirements set forth by the King in regulations. The stipulated fee shall be paid.  Section  13. Amendment of an application  
Insignificant changes may be made to a trademark for which an application has been filed for registration, provided 
that such changes do not affect the overall impression of the trademark.  
The list of the goods or services for which application is made fo r registration of a trademark may be limited.  
Section 14. General conditions of registration  
A trademark to be registered shall consist of a sign which is capable of being protected pursuant to Section 2 and 
capable of being represented graphically. It shal l have distinctive character as a sign for the relevant goods or 
services.  
A trademark cannot be registered if it exclusively, or only with insignificant changes or additions, consists of signs 
or indications that:  
a. indicate the kind, quality, quantity, int ended purpose, value or geographical origin of the goods or 
services, the time of production of the goods or of the rendering of the services or other characteristics of 
the goods or services, or  
b. constitute customary designations for the goods or services according to normal linguistic usage or to 
loyal, established business practice.  
The conditions in paragraphs one and two shall be met on both the date of application and the date of registration. 
When assessing a proposed trademark pursuant to paragraph o ne, sentence two, and paragraph two, it is necessary to 
take into consideration all circumstances that prevailed on the date of application, in particular effects of use of the 
trademark prior to this time.  
A mark that is used in an industrial or commercia l undertaking to designate the geographical origin of a product or 
service may, notwithstanding the second paragraph letter a), be registered as a collective mark.  
§ 15. Trademarks that conflict with public interests  
A trademark cannot be registered if it : 
a. is contrary to law or public order or is liable to cause offence,  
b. is liable to deceive, for example in respect of the nature, quality or geographical origin of the goods or 
services, or  
c. contains, without authorisation, escutcheons or another sign covered  by Section 328, paragraph one, no. 
4, or paragraph two of the Norwegian Penal Code, a national flag or anything that is liable to be 
understood as such a sign or flag.  
For wine and spirits, it is not permissible to register a trademark that consists of or  contains anything that is liable to 
be understood as a geographical indication of origin, unless the geographical origin of the goods is in accordance 
with the indication.  
§ 16. Trademarks that conflict with the rights of others  
A trademark cannot be regi stered without the consent of the relevant proprietor of rights if:  
a. use of the trademark would infringe the right of another in this country to a trademark or business name 
or another business sign,  b. the trademark is liable to be confused with a trademark, business name or other business sign that 
someone else started to use as a the distinctive sign for goods or services before the applicant and is still 
using, and the applicant was aware of this use when the application for registration was filed, in such way 
that the filing shall be considered to have taken place in conflict with honest practices in industrial or 
commercial matters  
c. the trademark contains something that is liable to be perceived as another person’s name, stage name or 
portrait, unless it ob viously refers to a person who is long dead,  
d. the trademark contains something that is liable to be perceived as the distinctive title of another’s 
protected creative or intellectual work or it infringes another’s right in Norway to a creative or intellectu al 
work or a photography or a design, or  
e. the trademark infringes another’s right in Norway to a designation protected in regulations pursuant to 
Act no. 6 of 17 June 1932 on Quality Control of Agricultural Goods, etc. or Act no. 124 of 19 December 
2003 on Food Production and Food Safety, etc.  
§ 17. Disclaimer  
If a trademark contains a component that cannot be registered separately, then, to avoid uncertainty about the scope 
of the trademark right, the Norwegian Industrial Property Office may make registrati on subject to an indication, by 
means of a disclaimer, to the effect that this component is not covered by the protection afforded by registration. The 
fact that a disclaimer has not been made is of no significance to the scope of the trademark right.  
If it later proves that the component of the trademark that has been excluded from protection could be registered 
separately, the trademark proprietor may make a new application for registration of that part or of the trademark as a 
whole without the disclaime r. 
§ 18. Classes of goods and services  
Trademarks are registered for specific goods or services within specified classes of goods or services. The 
classification of goods and services shall be set forth by the King.  
§ 19. Priority  
Any person or legal perso n who has filed an application for registration of a trademark in a foreign state that is a 
party to the Paris Convention of 20 March 1883 for the Protection of Industrial Property or the WTO Agreement of 
15 April 1994 Establishing the World Trade Organiza tion and who, within six months thereafter, applies for 
registration of the trademark in Norway, may claim that the new application be considered to have been filed at the 
same time as the first application.  
Anyone who has used a trademark for goods for th e first time in connection with displaying it at an international 
exhibition, as stated in the Convention of 22 November 1928 on international exhibitions and who, within six months 
thereafter applies for registration of the trademark in Norway, may claim that the application be considered to have 
been filed on the date on which the trademark was first displayed at the exhibition.  
The King may, in regulations, establish further conditions for the right to claim priority. The King may also establish 
that pri ority may be claimed in cases other than those specified in paragraphs one and two.  
§ 20. Examination of the conditions of registration  
The Norwegian Industrial Property Office shall ensure that the application meets the requirements in Sections 12 to 
15, that any requirements for disclaimers have been complied with and that there are no registered trademarks or 
applications for registration that constitute obstacles to the registration of the trademark applied for.  The Norwegian Industrial Property Office does not examine specifically whether there are other obstacles as 
mentioned in Section 16 to prevent registration. However, if the Norwegian Industrial Property Office becomes 
aware of such obstacles, the application shall be examined in relation to them.  
§ 21. The right to the trademark  
Anyone who can prove that he is entitled to a trademark in an application filed by another party, may request that the 
Norwegian Industrial Property Office transfer the application. In such case, the person in question sha ll pay a new 
application fee.  
If there is doubt as to who is entitled to the right, the Norwegian Industrial Property Office may request that the party 
requesting the application be transferred to him bring legal actions within a time limit fixed by the No rwegian 
Industrial Property Office. If no such legal actions are brought within the time limit, the Norwegian Industrial 
Property Office may disregard the request. The party requesting the transfer shall be notified of this.  
While a transfer case is being examined by the Norwegian Industrial Property Office, the application may not be 
amended, shelved, refused or granted until the question of transfer has been finally decided.  
If legal actions have been brought concerning the right to the trademark, the Nor wegian Industrial Property Office 
shall postpone examination of the case concerning registration or transfer until the proceedings have been decided 
with legally binding effect.  
The Norwegian Industrial Property Office shall notify the applicant and the pa rty who has requested that the 
application be transferred to him of the decision in the transfer case. A final decision that the application is to be 
transferred shall be entered in the Trademark Register and published.  
§ 22. Registration and publication  
If the application meets the conditions in Section 20, the trademark shall be registered and a letter of registration sent 
to the applicant. Notice of the registration shall be published.  
When a collective mark is registered, the regulations established for  the use of the mark shall be registered and 
published with it. If the regulations are subsequently substantially altered, the amended text shall immediately be 
submitted to the Norwegian Industrial Property Office for to registration and publishing.  
§ 23.  Deficiencies in an application  
If the application does not meet the conditions in Section 20, the Norwegian Industrial Property Office shall notify 
the applicant hereof and provide information about the possible effects of the deficiencies. The applicant shall be 
given a reasonable time limit to respond and, if possible, remedy the deficiencies.  
If the deficiencies are remedied within the time limit prescribed by the Norwegian Industrial Property Office, the 
application shall be considered to have been fil ed on the date on which it was received by the Norwegian Industrial 
Property Office. However, the application is not considered to have been filed until the representation of the 
trademark and the list of the goods or services for which the trademark is to  be registered have been received by the 
Norwegian Industrial Property Office.  
If the applicant has not commented on or remedied the deficiencies before the time limit expires, the application shall 
be shelved.  The processing of a shelved application shall  be resumed if the applicant responds to or remedies the deficiencies 
within two months after the expiry of the time limit. The stipulated fee shall be paid. The processing of an 
application can only be resumed once.  
§ 24. Refusal  
If the application has de ficiencies that are not remedied according to Section 23, the application shall be refused 
unless the Norwegian Industrial Property Office considers that the applicant should be given a new time limit for 
correction.  
§ 25. Access to the documents in an app lication case  
Anyone may, as from the date of application, demand access to the application, including the enclosures and all the 
documents pertaining to the case, unless specified otherwise in paragraphs two and three.  
Information on business secrets may be excluded from public access if the applicant so requests. When such a 
request has been filed, the information will not be available to the public before the request has been refused by a 
final decision. Information that is significant to whether the tra demark can be registered or to the scope of the 
trademark right may not be excluded from public access. The regulations for use of a collective mark may not be 
excluded from public access. Section 12 of the Norwegian Freedom of Information Act applies corr espondingly.  
Documents prepared by the Norwegian Industrial Property Office for its internal case preparation may be excluded 
from public access.  
  
Chapter 3. Opposition and Cancellation  
§ 26. Opposition  
When the registration of a trademark is published, a ny person may file an opposition to the registration. An 
opposition shall be filed in writing and shall be received by the Norwegian Industrial Property Office within three 
months of the date of publication.  
The opposition shall include:  
a. the name and addre ss of the person filing the opposition  
b. a specification of the registration to which the opposition applies  
c. the grounds on which the opposition is based  
d. necessary documentation of circumstances invoked in support of the opposition.  
The opposition shall also  meet the requirements set forth by the King in regulations.  
When an opposition has been received by the Norwegian Industrial Property Office, it shall be recorded in the 
Trademark Register and a notice thereof published.  
§ 27. Processing of oppositions  
If the opposition does not meet the conditions in Section 26, the Norwegian Industrial Property Office shall set a 
reasonable time limit to comment on it and, if possible, remedy the deficiencies. If the deficiencies are not remedied 
before the expiry of the  time limit, the opposition shall be rejected, unless the Norwegian Industrial Property Office 
considers that a new time limit should be set for correction.  The trademark proprietor shall be notified of the opposition as soon as possible and be given the o pportunity to 
comment.  
If two or more oppositions have been filed to the same registration, the Norwegian Industrial Property Office may 
join the cases as one case if no reasoned objection to this is made.  
The Norwegian Industrial Property Office shall onl y consider factors that invoked in the opposition. If an opposition 
is withdrawn, the Norwegian Industrial Property Office may continue the processing of the opposition if there are 
special reasons for doing so.  
§ 28. The right to the trademark  
If an appel lant requests that the registration of a trademark be transferred to him, the Norwegian Industrial Property 
Office shall transfer the registration if the right to the trademark is substantiated. In such case, the appellant shall pay 
a new application fee. Section 21, paragraphs two to five, shall apply correspondingly.  
§ 29. Decisions in opposition cases  
The Norwegian Industrial Property Office shall cancel the registration of a trademark in full or in part if it was 
registered in contravention of Sections 14 to 16 and the obstacles to registration still exist. The registration of a 
collective mark shall also be cancelled if the regulations on the use of the collective mark were not submitted with 
the application and the deficiency was not corrected during t he processing of the application.  
If there is no obstacle to the registration, the opposition shall be dismissed.  
The trademark proprietor and the appellant shall be notified of the decision by the Norwegian Industrial Property 
Office. When a final decisio n has been made in the case, the outcome shall be recorded in the Trademark Register 
and a notice thereof published.  
§ 30. Cancellation on account of applications with better priority  
If, after an application for registration of a trademark has been grante d, another application, according to Section 19, 
has been filed before the first mentioned application, and the Norwegian Industrial Property Office presumes that the 
earlier filed application would have constituted a full or partial obstacle to the regist ration of the first mentioned 
application, the Norwegian Industrial Property Office shall notify the trademark proprietor hereof and afford him the 
opportunity to file observations within a reasonable time limit. If the application with the better priority  is granted, 
the Norwegian Industrial Property Office shall, after the expiry of the mentioned time limit, cancel the first 
registration to the extent to which the application with the best priority is an obstacle to the upheld registration.  
Paragraph one applies correspondingly if the Norwegian Industrial Property Office presumes that an earlier 
application that is resumed according to Section 23, paragraph four, or is processed according to Section 80, would 
have comprised an obstacle to registration for a later application for registration that has already been granted.  
Paragraph one also applies correspondingly if the Norwegian Industrial Property Office receives notification that an 
international trademark registration is to take effect in Norway pursua nt to Section 70 and assumes that the 
international registration would have comprised an obstacle to registration for an application that has been granted 
and that is considered to have been filed on a date later than the date from which the international registration is to 
take effect in Norway, cf. Section 72.  
The final decision in cases under this Section shall be recorded in the Trademark Register and published.  § 31. Access to documents  
Anyone may request access to documents in cases concerning opposit ion and cancellation. The provisions in Section 
25, paragraphs two and three, apply correspondingly.  
  
Chapter 4. Duration of the Trademark Registration. Trademark Alteration  
§ 32. Duration of registration  
A trademark registration is valid for ten years fr om the date of application. Registration may subsequently be 
renewed for ten years at a time, counting from the expiration of the previous period.  
§ 33. Renewal of registration  
A request for renewal shall be filed in writing with the Norwegian Industrial P roperty Office no earlier than one year 
before and no later than six months after the expiration of the registration period. The stipulated fee shall be paid. If 
the request for renewal is filed after the end of the registration period, an additional fee s hall be paid.  
Payment of the renewal fee with an indication of the trademark’s registration number, made within the time limits set 
forth in paragraph one, shall be regarded as a request for renewal.  
Renewal of a registration shall be recorded in the Trade mark Register and a notice hereof published.  
§ 34. Alteration of a registered trademark  
The trademark proprietor may request that the Norwegian Industrial Property Office make alterations to a registered 
trademark if the alterations are insignificant and d o not affect the overall impression of the trademark. The stipulated 
fee shall be paid.  
Alteration of a registered trademark shall be recorded in the Trademark Register and published. A new letter of 
registration shall be sent to the trademark proprietor.  
  
Chapter 5. Review, Invalidity and Deletion  
§ 35. Invalidity  
The registration of a trademark shall be invalidated in full or in part by a court ruling or by a decision by the 
Norwegian Industrial Property Office (administrative review) according to Sectio ns 38 to 40 if the registration took 
place in contravention of Sections 14 to 16 and cannot remain in force according to Section 8, paragraph one. The 
registration of a collective mark shall be invalidated if the regulations on the use of the mark were not  submitted with 
the application and the deficiency was not remedied during the processing of the application.  
However, the registration shall not be invalidated on the grounds that use of the trademark would infringe the right to 
a registered trademark if the conditions set forth in Section 37 for deleting the registration of this trademark for the 
goods or services to which it applies are met. Nor shall a registration be invalidated on the grounds that use of the 
trademark would infringe the right to a tra demark established by use if the establishment by use exists only within a 
small part of Norway.  § 36. Deletion in connection with degeneration, etc.  
A registration of a trademark shall be deleted in full or in part by a court ruling or by administrative r eview according 
to the provisions in Sections 38 to 40 if:  
a. the trademark has become contrary to public order or liable to cause offence,  
b. the trademark has become, as a consequence of the proprietor’s actions or passivity, the general 
designation in the rel evant market/industry for goods or services of the type for which it is registered,  
c. as a consequence of its use by the trademark proprietor or someone with his consent for goods or services 
of the type for which it is registered, the trademark has become l iable to deceive, in particular in respect 
of the kind, quality or geographical origin of the goods or services, or  
d. notification has not been made of amendments to the regulations for the use of a collective mark as 
specified in Section 22, paragraph two, sentence two, or the collective mark has been used in 
contravention of the regulations filed without the proprietor having taken steps to prevent such use within 
reasonable time.  
§ 37. Deletion based on non -use of a trademark  
A registration of a trademark shall be deleted in full or in part by a court ruling or by administrative review pursuant 
to Sections 38 to 40 if the trademark proprietor has not, within five years of the date on which a final decision on 
registration of the trademark was made, made act ual use of the trademark in Norway for the goods or services for 
which it is registered, or if the use has been discontinued for five consecutive years. However, the registration shall 
not be deleted if there are reasonable grounds for the non -use or disco ntinuation.  
Use of the trademark according to paragraph one also includes use of the trademark in a form that differs from the 
form in which it is registered only in details that do not effect its distinctive character and use of the trademark in 
Norway on  goods or on their packaging for export. Use by the trademark proprietor also includes use by another 
person with the consent of the trademark proprietor.  
A registration shall not be deleted if use of the trademark is started or resumed after the end of th e five -year period, 
but before legal actions are brought or a request is made for an administrative review to have the registration deleted. 
However, use in the last three months before legal actions are brought or a request is made for an administrative 
review shall be disregarded, if the preparations for use were begun only after the trademark proprietor learned that 
legal action may be brought or a request for a review made.  
§ 38. Partial invalidation and deletion  
If a basis for invalidity or deletion se t forth in Sections 35 to 37 only applies to some of the goods or services for 
which the trademark is registered, the registration shall be invalidated or deleted with effect only for these goods or 
services.  
§ 39. Case affiliation requirements, etc.  
Legal  action or a request for an administrative review based on Sections 35 to 37 may be brought or made by any 
person who has a legal interest in the matter. A request for an administrative review may also be made by the 
trademark proprietor. Legal action base d on Section 14, 15 or 36 may also be brought by the Norwegian Industrial 
Property Office.  § 40. Filing and processing a request for an administrative review  
A request for an administrative review under Sections 35 to 37 may be made when the opposition tim e limit has 
expired and any opposition cases have been settled with a final decision. The request shall be filed in writing with the 
Norwegian Industrial Property Office and include:  
a. the name and address of the person who has filed the request  
b. a specificat ion of the trademark registration to which the request applies  
c. the grounds on which the request is based  
d. necessary documentation of circumstances invoked in support of the request.  
The request shall also meet the conditions in provisions set forth by the K ing in regulations. The stipulated fee shall 
be paid.  
If the request does not meet the conditions set forth in paragraph one and Section 39, the Norwegian Industrial 
Property Office shall set a reasonable time limit for comments on and, if possible, remedy  of the deficiencies. If the 
deficiencies are not remedied before the expiry of the time limit, the request shall be rejected unless the Norwegian 
Industrial Property Office considers that a new time limit for correction should be set. The Norwegian Indust rial 
Property Office may also reject the request if the case cannot be decided by the Norwegian Industrial Property 
Office, especially because the factual matters are disputed or unclear.  
If the request has been made by persons other than the proprietor of  the registration, the Norwegian Industrial 
Property Office shall notify the proprietor of the request as soon as possible, with a reasonable time limit for 
comments. The person requesting an administrative review shall notify all licensees registered in t he Trademark 
Register with an address of this by registered post. If it is not documented that such notification has been given, the 
Norwegian Industrial Property Office may set a time limit for giving notification. If the time limit is not met, the 
reques t shall be rejected.  
If two or more requests have been filed for reviews of the same trademark registration, the Norwegian Industrial 
Property Office may combine the cases if no reasoned objection to this is made. The Norwegian Industrial Property 
Office c an only consider factors that are referred to in the request.  
§ 41. The relationship between cases for the Norwegian Industrial Property Office and the 
courts  
A request for an administrative review may not be made until legal proceedings concerning invalid ity or deletion 
have been decided with legally binding effect. If legal action concerning invalidity or deletion are brought before a 
final decision has been made in a matter concerning an administrative review, the Norwegian Industrial Property 
Office sha ll await further procedure of the matter the matter until the legal proceedings have been decided with 
legally binding effect if the request for an administrative review was made by persons other than the trademark 
proprietor.  
A person who has made a reque st for an administrative review may not bring legal action concerning invalidity or 
deletion while the case is being processed by the Norwegian Industrial Property Office.  
A request for an administrative review may not be made by a party who has previously  brought legal actions 
concerning invalidity or deletion if the rules on force of law prevent legal actions being brought again in the same 
matter.  § 42. Invalidity and deletion in certain special cases  
If the trademark proprietor and the person challengin g the registration of the trademark agree, the matter of the 
validity or deletion of the registration may be decided with final effect by the Norwegian Board of Appeal for 
Industrial Property Rights . The stipulated fee shall be paid.  
§ 43. Deletion in conn ection with an unknown address, etc.  
If there is reasonable doubt whether a trademark proprietor exists, anyone may request the Norwegian Industrial 
Property Office, in writing, to delete the registration. The same applies if the trademark proprietor’s add ress is 
unknown. The stipulated fee shall be paid.  
Before a registration may be deleted pursuant to paragraph one, the Norwegian Industrial Property Office shall 
request the trademark proprietor to report within a reasonable time limit. This request shall be made by registered 
post or in some other satisfactory manner. If the trademark proprietor’s address is unknown, the request is made by 
publication in Norsk Varemerketidende (the Norwegian Trademark Journal).  
If the trademark proprietor has not reported within the time limit, the Norwegian Industrial Property Office shall 
decide whether to delete the registration of the trademark.  
§ 44. Effect of decisions concerning invalidity or deletion  
A legally binding decision by a court or final decision by the Nor wegian Industrial Property Office to invalidate a 
registration in full or in part takes effect from the date on which the application for registration was filed.  
A legally binding decision by a court or a final decision by the Norwegian Industrial Property  Office to delete a 
registration takes effect from the time at which legal action were brought or a request for deletion was filed with the 
Norwegian Industrial Property Office. However, following a request from a party to the case, it may be established i n 
a court ruling or a decision based on Section 36 that the decision will take effect from an earlier time at which a basis 
for deletion existed.  
§ 45. Cancellation on its own initiative  
If a registration of a trademark, a renewal or an alteration of a reg istration has taken place by obvious mistake, the 
Norwegian Industrial Property Office may cancel the registration fully or partly on its own initiative.  
The trademark proprietor shall be notified, with a reasonable time limit for comments, before cancella tion is carried 
out. 
§ 46. Deletion in connection with expiry of the registration period, etc.  
The registration of a trademark shall be deleted after the expiry of the registration period if the registration is not 
renewed or if the trademark proprietor re quests in writing that the registration be deleted.  
If legal actions have been brought concerning the right to the trademark, the registration may not be deleted 
following a request from the trademark proprietor until the legal action have been decided wit h legally binding 
effect.  § 47. Entry in the Trademark Register and publication  
If a request has been made for administrative review of a trademark registration or legal action have been brought 
concerning the invalidity or deletion of such a registration,  this shall be entered in the Trademark Register and 
published. When a final decision has been made in the case, the outcome shall be entered in the Trademark Register 
and published.  
A final decision concerning the cancellation of a registration pursuant t o Section 45 shall be entered in the 
Trademark Register and published. The same applies to a final decision concerning invalidity or deletion pursuant to 
Section 42 and deletion pursuant to Sections 43 and 46.  
§ 48. Access to documents  
Any person may reque st access to documents in cases for the Norwegian Industrial Property Office pursuant to this 
Chapter. The provisions in Section 25, paragraphs two and three, apply correspondingly.  
  
Chapter 6. Appeal and Legal Proceedings  
§ 49. Appeals against decisions of the Norwegian Industrial Property Office’s first 
department  
A decision of the Norwegian Industrial Property Office on an application for trademark registration or a request for 
an international trademark registration to have effect in Norway may be appe aled by the applicant to the Norwegian 
Board of Appeal for Industrial Property Rights (Board of Appeal) if the decision went against the applicant. The 
same applies to a decision of the Norwegi an Industrial Property Office to reject an application for inte rnational 
trademark registration pursuant to Section 68, paragraph three.  
The decision in an opposition case may be appealed to the Board of Appeal by the party against whom the decision 
was made. If a request for a transfer of an application pursuant to S ection 21 or a registration pursuant to Section 28 
is granted, the decision may be appealed to the Board of Appeal by the applicant or the trademark proprietor.  
The decision in a case concerning an administrative review pursuant to Sections 35 to 37, cf. S ection 40, may be 
appealed to the Board of Appeal by the party against whom the decision was made. This does not apply to a decision 
to reject a request pursuant to Section 40, paragraph two, sentence three.  
The trademark proprietor may appeal to the Board  of Appeal against a decision to cancel a registration pursuant to 
Section 30 or 45 or to delete a registration pursuant to Section 43.  
A decision to reject or refuse a request to:  
1. resume processing pursuant to Section 23, paragraph four  
2. exclude informatio n from public access pursuant to Section 25, paragraph two, Sections 31, 48, 51, 
paragraph five, and 76  
3. access documents in matters concerning this Act  
4. renew a trademark registration pursuant to Section 33  
5. alter a trademark pursuant to Section 34  
6. have a ca se processed pursuant to Section 80  
may be appealed to the Board of Appeal by the person who made the request.  Other decisions of the Norwe gian Industrial Property Office may not be appealed.  
§ 50. Filing appeals  
An appeal shall be filed in writing with th e Norwegian Industrial Property Office within two months after the date on 
which notification of the decision was sent to the party in question. The appeal shall include:  
a. the name and address of the appellant  
b. the decision being appealed  
c. the amendment to th e decision requested  
d. the grounds on which the appeal is based.  
The appeal shall also meet the conditions set forth by the King in regulations. The stipulated appeal fee shall be paid.  
§ 51. Processing appeals  
Other parties in the case shall be notified of the appeal as soon as possible, with a reasonable time limit for 
comments.  
Provided that the conditions for processing the appeal are met, the Norwegian Industrial Property Office may revoke 
or amend the decision if it considers it obvious that the appeal will succeed. If no such decision is made, the case 
shall be referred to the Board of Appeal . If the Norwe gian Industrial Property Office  makes a comment to the Board 
of Appeal , a copy shall be sent to the parties.  
If the conditions for processing the appe al are not met, the appellant shall be given a reasonable time limit for 
comments on and, if possible, correction of the deficiencies. If the deficiencies are not remedied before the expiry of 
the time limit, the appeal shall be rejected unless the Board o f Appeal considers that a new time limit for correction 
should be set.  
If the appeal is processed, the Board of Appeal shall make the investigations occasioned by the appeal. It may 
consider factors that are not referred to in the appeal. If the appeal is withdrawn, the Norwegian Industrial Property 
Office may continue processing the case if there are special reasons for doing so.  
Any person may request access to documents in appeal cases. The provisions in Section 25, paragraphs two and 
three, apply corres pondingly.  
§ 52. Review by the courts of decisions in the Norwegian Industrial Property Office’s Board of 
Appeal  
A decision from the Norwegian Industrial Property Office may only be brought before the courts if the right of 
appeal pursuant to Section 49 ha s been exercised and the Norwegian Board of Appeal for Industrial Property Rights 
(Board of Appeal) has made a decision on the appeal. Paragraph one does not concern the right to bring legal 
proceedings concerning invalidity or deletion pursuant to Section s 35 to 37 or concerning the right to the trademark.  
The decision in the Board of Appeal  in an appeal case may be brought before the courts by the party against whom 
the decision was made, unless paragraph three specifies otherwise. Legal proceedings shall  be brought within two 
months after the date on which notification of the decision was sent to the party in question. Information on the time 
limit for bringing legal proceedings shall be included in the notification of the decision.  
The decision of the Board of Appeal  in a case concerning the transfer of an application or registration may not be 
brought before the courts. The same applies to a decision by which the Board of Appeal rejects or dismisses an opposition, rejects or refuses a request for an admi nistrative review pursuant to Section 40 or upholds a decision by 
the Norwegian Industrial Property Office  on such a rejection, dismissal or refusal.  
  
Chapter 7. Assignment and Licence, etc.  
§ 53. Assignment  
A trademark right may be transferred alone or t ogether with the undertaking to which the trademark is linked.  
If an undertaking changes ownership, the right to trademarks linked to the establishment transfers with it, unless 
agreed otherwise.  
§ 54. Licence  
A proprietor of a trademark may grant another person the right to use the trademark in an industrial or commercial 
undertaking (licence). The licensee may not transfer his right further, unless agreed otherwise.  
The proprietor of a trademark may invoke the provisions in Chapter 8 in relation to a lice nsee who fails to comply 
with the provisions of the licence agreement with regard to the duration of the licence, the form in which the 
trademark may be used, the goods or services for which it may be used, the geographical territory in which the 
trademark  may be used or the quality of the goods or services for which the trademark may be used.  
§ 55. Attachment, etc.  
A trademark right may not be subject to attachment or any other separate enforcement proceedings on the part of 
creditors.  
§ 56. Entry of assig nments and licences in the Trademark Register, etc.  
Legal proceedings concerning a registered trademark may always be brought against the person registered as the 
trademark proprietor in the Trademark Register, and notifications from the Norwegian Industri al Property Office to 
the proprietor of the trademark may always be sent to this person.  
If the right to a registered trademark has been assigned to another person, this shall be entered in the Trademark 
Register and published if one of the parties so requ ests. Section 78 applies correspondingly.  
A licence for a trademark that has been registered or for which an application for registration has been filed shall be 
entered in the Trademark Register and published if one of the parties so requests. The same ap plies if a registered 
licence has been assigned or has lapsed.  
  
Chapter 8. Sanctions against Trademark Infringement  
§ 57. Prohibitions against  infringement  
Any person who has infringed another person's rights pursuant to this Act, or aided and abetted the reto, may by 
judgment be prohibited from repeating this action. Any person who has has made significant preparations with a 
view to carrying out an action that would constitute an infringement, or who has in some other manner acted in a 
way that gives part icular grounds for fearing that the person in question will commit an infringement, may be 
prohibited by judgment from carrying out the action.  § 58. Compensation and damages for trademark infringement s 
For trademark infringements committed with intent or  through negligence, the infringer shall pay the rightholder:  
a) compensation corresponding to a reasonable licence fee for the exploitation, as well as damages for any loss 
resulting from the infringement that would not have arisen in connection with lic ensing,  
b) damages for any loss resulting from the infringement, or  
c) compensation corresponding to the gain obtained as a result of the infringement.  
The compensation and damages are stipulated on the basis of the provision in letters a to c that  is most favourable for 
the rightholder.  
       If the infringement was committed intentionally or through gross negligence, the infringer shall, if the 
rightholder so demands, pay compensation corresponding to double a reasonable licence free for the exp loitation 
instead of compensation and damages stipulated pursuant to the first paragraph.  
       The first and second paragraphs apply correspondingly to aiding and abetting.  
       For infringements that have taken place in good faith, the infringer sha ll, insofar as this is not seen as 
unreasonable, pay compensation corresponding to a reasonable licence fee for the exploitation or corresponding to 
the gain procured as a result of the infringement.  
       The liability under the first to third paragraph s may be reduced pursuant to the Act of 13 June 1969 No 26 on 
compensatory damages Section  5-2.  
       The holder of a collective mark may also claim damages for losses incurred by others who have a right to use the 
mark.  
§ 59. Measures  to prevent infringements  
In order to prevent an infringement, the court may, insofar as this is deemed to be reasonable, order preventive 
measures to be taken in relation to produc ts that constitute an infringement of a trademark right, and in relation to 
materials and implements that are principally used, or intended to be used, for the manufacture of such products. 
Such measures can, among other things, entail products and materia ls and implements being:  
a) recalled from the channels of commerce,  
b) definitively removed from the channels of commerce,  
c) destroyed, or  
d) handed over to the rightholder.  
The decision concerning whether such measures shall be imposed and th e choice between possible measures shall be 
made on the basis of an assessment of proportionality. Among other things, account shall be taken of the gravity of 
the infringement, the effects of the measures and third party interests.  
       The first parag raph applies correspondingly in cases as mentioned in Section 57 second sentence.  
       Measures imposed pursuant to this section shall not be contingent on the rightholder paying compensation to the 
party against whom the measure is directed, and they d o not affect the rightholder's right to compensation or 
damages pursuant to Section 58. Measures shall be carried out for the defendant's account unless special grounds 
indicate otherwise.  
§ 59 a Communication of information about judgments in infringemen t cases  
In a judgment in an infringement case, the court may order that information about the judgment shall be 
communicated in a suitable manner for the infringer's account. This applies correspondingly to aiding and abetting 
infringement and in cases as mentioned in Section 57 second sentence.  
§ 60. Basis for acquittal in civil cases  
In civil cases concerning infringement of a registered trademark, it can only be presumed that the registration is 
invalid or can be deleted pursuant to the provisions in Sec tions 35 to 37 if invalidity or deletion has already been 
pronounced in a legally binding decision by a court or a final decision by the Norwegian Industrial Property Office  Section 61. Penalties  
Any person who with intent commits or aids and abets the com mission of a trademark infringement is liable to fines 
or imprisonment for a term of up to one year.  
If especially aggravating circumstances exist, the penalty shall be fines or imprisonment for a term of up to three 
years. When assessing whether especial ly aggravating circumstances exist, particular importance shall be attached to 
the loss inflicted on the rightholder, including any damage to the rightholder's commercial reputation, the gain 
procured by the infringer, and the extent of the infringement in  other respects.  
A public prosecution will only be instituted if the aggrieved person so requests unless this is required by the public 
interest. In the case of infringements of collective marks, only the mark holder is deemed to be the aggrieved party.  
 Section 61 a Exploitation before registration is announced  
If any person, without the consent of the applicant, exploits a trademark for which an application for registration has 
been submitted during the period between the application being submitted and  the announcement of the registration, 
Section 57, Section 58 first to third and fifth and sixth paragraphs, Sections 59 and 59 a shall apply correspondingly 
insofar as the application leads to registration.  
The limitation period for claims pursuant to th is section does not start to run until the trademark is registered.  
 
 
Chapter 9. Provisions in Respect of Legal Proceedings  
Section § 62. Mandatory legal venue  
The following actions must be brought before Oslo District Court:  
a) actions concerning a revie w of a decision made by the Norwegian Board of Appeal for Industrial Property 
Rights as mentioned in Section 52  
b) actions concerning invalidity or deletion of a trademark registration pursuant to Section 35 to 37  
c) civil actions concerning infringe ments of a registered trademark.  
Oslo District  Court is the venue for applicants and trademark proprietors who are not domiciled in Norway.  
§ 63. Right to bring legal proceedings  
If a licence has been granted to use a trademark, both the trademark propri etor and the licensee may bring legal 
proceedings concerning trademark infringement within the licensee’s territory, unless agreed otherwise.  
In the event of infringement of the right to a collective mark, only the trademark proprietor may bring legal 
proceedings.  
§ 64. Notification of legal proceedings  
A person who brings legal proceedings concerning invalidity or deletion of a trademark registration pursuant to 
Sections 35 to 37 shall also give notification of this to the Norwegian Industrial Property Off ice and by registered 
post to each licensee entered in the Trademark Register with an address. A licensee who brings legal proceedings 
concerning trademark infringement shall notifiy the trademark proprietor accordingly.  
If the plaintiff does not prove tha t the necessary notifications have been given, the court may set a time limit for 
giving such notification. If the time limit is not met, the case shall be rejected.  § 65. Transmission of rulings  
The court shall transmit to the Norwegian Industrial Propert y Office a transcript of decisions in civil cases 
concerning trademark registrations or applications.  
  
Chapter 10. International Registration of Trademarks  
§ 66. Definitions  
An international trademark registration is a registration of a trademark by the I nternational 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 Norwegian Industrial Property Office is the trademark authority in Norway in cases concerning the international 
registration of trademarks.  
§ 67. Application for international registration of trademarks  
A person who is a Norwegian citizen or domiciled o r operating an industrial or commercial establishment in Norway 
and has a trademark registration or has filed an application for such a registration in Norway, may apply for 
international registration of the trademark by filing an application with the Norw egian Industrial Property Office.  
The application shall be in writing and in English and include an indication of:  
a. the name and address of the applicant  
b. the number(s) and date(s) of the Norwegian trademark registration(s) or application(s) on which the 
international registration is to be based  
c. a representation of the trademark  
d. a list of the goods or services for which the trademark is to be registered  
e. a list of the designated countries or international organisation for which registration is requested  
The ap plication shall further meet the requirements set forth by the King in regulations. The stipulated fee shall be 
paid.  
§ 68. The Norwegian Industrial Property Office’s processing of the application  
The Norwegian Industrial Property Office shall ensure that the conditions set forth in Section 67 are met and that the 
information in the application is in accordance with the information stated in the Norwegian trademark registration(s) 
or application(s) on which the international application is based.  
If the app lication meets the requirements specified in paragraph one, the Norwegian Industrial Property Office shall 
transmit the application to the International Bureau.  
If the application does not meet the requirements specified in paragraph one, the Norwegian Ind ustrial Property 
Office shall notify the applicant of this and provide information about the possible effects of the deficiencies. The 
applicant shall be given a reasonable time limit to comment on and, if possible, remedy the deficiencies. If the 
applican t has not commented on or remedied the deficiencies within the prescribed period, the application shall be 
rejected.  § 69. Request for registration to take effect in other countries, etc.  
Any person or legal person who is a Norwegian citizen or domiciled o r operating an industrial or commercial 
establishment in Norway and has an international registration based on a Norwegian registration or application and 
wants the international registration to take effect in other countries or in international organisati ons may file an 
application for this to the International Bureau or the Norwegian Industrial Property Office.  
The application filed with the Norwegian Industrial Property Office shall be in writing in English and include an 
indication of:  
a. the name and addr ess of the applicant  
b. the number of the international registration  
c. the country or countries or international organisations for which the registration is requested  
d. whether the application applies to all of the goods or services the international registration  covers or only 
specified goods or services.  
§ 70. Request for an international trademark registration to take effect in Norway  
When the Norwegian Industrial Property Office receives notification from the International Bureau with a request 
from the propri etor for an international trademark registration to take effect in Norway, the Norwegian Industrial 
Property Office shall examine whether the requirements for registration set forth in Sections 14 to 16 are met.  
If the requirements for registration are met , the Norwegian Industrial Property Office shall record the international 
trademark registration in the Trademark Register and publish a notification stating that it has taken effect in Norway.  
If the requirements for registration have not been met, the No rwegian Industrial Property Office shall refuse, in full 
or in part, to grant the international registration effect in Norway. The International Bureau shall be notified of such 
refusal within 18 months after the Norwegian Industrial Property Office receiv ed notification as stated in paragraph 
one. 
In the event of refusal, the proprietor of the international registration may, subject to the requirements set forth in 
regulations, request that the Norweg ian Industrial Property Office  reassess whether the inte rnational registration is to 
take effect in Norway.  
Section 23 applies correspondingly to the Norwegian Industrial Property Office’s processing of a request for an 
international trademark registration to take effect in Norway. Section 19 applies if the pro prietor of the international 
registration has invoked priority.  
§ 71. Opposition  
Any person may, within three months after the publication date, file an opposition against an international trademark 
registration taking effect in Norway. Section 26 applies correspondingly to the filing and publication of oppositions. 
Sections 27 and 28 apply correspondingly to the processing of oppositions.  
If a condition for registration pursuant to Sections 14 to 16 has not been met, the Norwegian Industrial Property 
Offic e shall rule that the international registration will not take effect, in full or in part, in Norway if the time limit 
pursuant to Section 70, paragraph three, sentence two, has not expired, or the Norwegian Industrial Property Office 
has, within the presc ribed period, given the International Bureau notification that an opposition may be filed after the 
expiry of the time limit and notification of the opposition has been sent within one month after the expiry of the time 
limit for opposition.  
If the conditi ons for registration have been met, the Norwegian Industrial Property Office shall reject the opposition.  The proprietor of the international registration and the person making the opposition shall be notified of the 
Norwegian Industrial Property Office’s decision in opposition cases. When a final decision has been made in the 
case, the outcome shall be recorded in the Trademark Register and published.  
§ 72. Effects of an international trademark registration  
A recordal in the Trademark Register that an inte rnational trademark registration has effect in Norway shall have the 
same effect as if the trademark was registered in this country. The recordal is effective from the date on which the 
registration is deemed to have been made with the International Bureau , or from the date of a subsequent designation 
of Norway.  
The registration is effective for ten years from the date on which the registration with the International Bureau is 
deemed to have been made. It may be renewed for ten years at a time as set forth in the Madrid Protocol. When the 
Norwegian Industrial Property Office receives notification from the International Bureau of renewal of an 
international registration, this shall be recorded in the Trademark Register and a notice thereof published.  
An entry  in the Trademark Register that an international registration has effect in Norway may be cancelled pursuant 
to Sections 30 and 45 and declared invalid or deleted pursuant to the provisions in Chapter 5. Cancellation pursuant 
to Sections 30 and 45 shall ta ke place within the prescribed period pursuant to Section 70, paragraph three, sentence 
two. 
The International Bureau shall be notified of the assignment and licensing of the right to international trademark 
registrations. Legal actions concerning the trad emark may always be brought against the person registered as the 
proprietor in the international register.  
§ 73. Relationship between a national and an international trademark registration  
If a person has both an international registration which is effecti ve in Norway and a Norwegian registration of the 
same trademark, the international registration replaces the Norwegian registration if the international registration has 
effect in Norway from a later date than the Norwegian registration, and all goods or s ervices covered by the 
Norwegian registration are included in the list of goods or services covered by the international registration as it 
applies to Norway. This entails no restrictions to rights already acquired on the basis of the Norwegian registratio n. 
Following a request from the trademark proprietor, the Norwegian Industrial Property Office shall record the 
replacement of the Norwegian registration with the international registration in the Trademark Register and publish a 
notice thereof.  
§ 74. The effect when an international trademark registration ceases  
If an international registration ceases to apply in full or in part, its effect in Norway ceases at the same time to the 
corresponding extent. This shall be recorded in the Trademark Register and a  notice thereof published.  
§ 75. Conversion to a national trademark registration  
If an international registration that has effect in Norway ceases to apply in full or in part as a result of the lapse of the  
national registration or application on which it is based, and the proprietor subsequently files a request with the 
Norwegian Industrial Property Office to register the trademark in Norway, such registration shall take effect from the 
date on which the international registration took effect in Norway if the request is filed within three months after the 
date on which the international registration ceased, and the goods or services specified in the request were covered 
by the international registration as it applied in Norway.  If an international registrat ion that has effect in Norway ceases to apply in full or in part as a result of termination of 
the Madrid Protocol and the proprietor subsequently files a request with the Norwegian Industrial Property Office to 
register the trademark in Norway, such regis tration shall take effect from the date on which the international 
registration took effect in Norway if the request is filed within two years after the date on which the termination took 
effect, and the goods or services specified in the request were cove red by the international registration as it applied in 
Norway.  
§ 76. Access to documents  
Any person may request access to documents at the Norwegian Industrial Property Office in cases under this 
Chapter. Section 25, paragraphs two and three, apply corresp ondingly . 
  
Chapter 11. Miscellaneous Provisions  
§ 77. Address for correspondence  
Notifications from the Norwegian Industrial Property Office  or the Norwegian Board of Appeal for Industrial 
Property Rights to an applicant, a registration proprietor, an opp osing party or a party requesting an administrative 
review under Section 40 are always considered to have been submitted when they have been sent to the address that 
the person in question specified most recently to the Norwegian Industrial Property Office  or the Norwegian Board 
of Appeal for Industrial Property Rights . The address is recorded in the Trademark Register. For applicants and 
trademark proprietors who have a representative, notification may be sent to the representative.  
If the registered addre ss proves to be incorrect, the notification or a summary of it, including information that the 
document is available with the Norwegian Industrial Property Office  or the Norwegian Board of Appeal for 
Industrial Property Rights , shall be included in Norsk V aremerketidende (the Norwegian Trademark Journal),  
If service or any other procedural notification cannot be submitted at the registered address or the representative, 
paragraph two applies correspondingly to a court. In such case, the document shall be co nsidered to have been served 
or notification to have been given four weeks after publication in Norsk Varemerketidende (the Norwegian 
Trademark Journal).  
If an applicant or registration proprietor has otherwise appointed a representative to represent him i n matters 
concerning the application or registration, the name and address of the representative shall be recorded in the 
Trademark Register. The same applies if an opposition party or a party requesting an administrative review has 
appointed a representat ive to represent him in matters concerning the opposition or the review request.  
§ 78. Proof of registration in the country of origin  
A person who applies to register a trademark without operating an industrial or commercial establishment in Norway 
and who  is not domiciled in a state that is a party to the Paris Convention of 20 March 1883 for the Protection of 
Industrial Property or the WTO Agreement of 15 April 1994 Establishing the World Trade Organization shall prove 
that the trademark is registered for  the person in question in his country of origin for the goods or services to which 
the application applies.  
Paragraph one does not apply if the applicant’s country of origin does not require corresponding proof for trademarks 
for which registration is app lied for there by the owners of industrial or commercial undertakings in Norway.  § 79. Right of registration as in the country of origin  
The King may set forth in regulations that a trademark that is registered in a foreign state may be registered in 
Norwa y on specific conditions in the same way as it is registered in the foreign state.  
If a trademark is registered under paragraph one that could not otherwise have obtained protection by registration in 
Norway, the registration protection does not apply to a ny greater extent or for any longer period than in the foreign 
state.  
§ 80. Effect of non -compliance with time limits  
A party who, in relation to the Norwegian Industrial Property Office, has failed to comply with a time limit set forth 
in or in accordance  with the provisions in Chapter 2, 4 or 6 or Section 68, paragraph three, and has consequently 
suffered a loss of rights shall, if he so requests, nevertheless have a case processed if it is substantiated that the party 
and his representative, if any, have  shown the due diligence that can reasonably be expected. The request shall be 
filed in writing with the Norwegian Industrial Property Office within two months after the obstacle that led to the 
non-compliance with the time limit ceased and no later than f our months after the expiry of the time limit. The action 
omitted shall be carried out within the same time limit. The stipulated fee shall be paid.  
Paragraph one does not apply to time limits referred to in Section 19 on priority, the time limit for appea ling 
decisions as specified in Section 49, paragraphs two and three, or the time limit for legal proceedings under Section 
52, paragraph two, sentence two.  
§ 81. About the Trademark Register, etc.  
The Norwegian Industrial Property Office shall keep the Tra demark Register and publish a journal in which 
registrations, etc. are published.  
Any person shall be entitled to view the Trademark Register and receive certified printouts of it. The stipulated fee 
shall be paid for printouts.  
The stipulated fee shall be  paid for copies of documents that are public under this Act. The fee rates for printouts and 
copies according to this paragraph shall be set to a level where the total income does not exceed the actual costs of 
communicating the information, with reasonab le level of profit added.  
§ 82. Regulations to the Act (fees, etc.)  
The King may, in regulations, issue further provisions to supplement and implement this Act. The King may, inter 
alia, issue provisions on:  
a. filing and processing applications and oppositio ns, including the right to use a language other than 
Norwegian in correspondence with the Norwegian Industrial Property Office  
b. international applications and registrations  
c. dividing and merging applications and registrations and fees for this  
d. the length of time limits set according to this Act  
e. keeping of the Trademark Register and access to it  
f. publications under the Act  
g. the journal published by the Norwegian Industrial Property Office  
h. fee rates and payment of fees.  
  Chapter 12. Final Provisions  
§ 83. Implem entation and transitional provisions  
This Act takes effect from the time determined by the King.1 From the time at which the Act enters into force, Act 
no. 4 of 3 March 1961 on trademarks and Act no. 5 of 3 March 1961 on collective marks are repealed.  
Section 32, sentence one, applies only to applications filed after this Act has entered into force.  
Applications to register trademarks and collective marks that are filed before the Act enters into force shall be 
considered to meet the requirements for the co ntent of the application if the provisions on this in Act no. 4 of 3 
March 1961 on trademarks and Act no. 5 of 3 March 1961 on collective marks and their regulations are met.  
A registration of a trademark or collective mark that is made before the Act ente rs into force may only be cancelled 
following an opposition or invalidated to the extent to which this would be justified in accordance to Act no. 4 of 3 
March 1961 on trademarks and Act no. 5 of 3 March 1961 on collective marks. However, the provisions on  deletion 
in Sections 36, 37, 42 and 43 also apply to registrations made before the Act enters into force. Except from this the 
Act also applies to registrations made before the Act enters into force.  
1 From July 2010 according to decree no. 936 of 25 June  2010.  
§ 84. Amendments to other Acts