WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO 
IP/N/1/NOR/T/4 
11 July 2012 
 (12-3751) 
Council for Trade-Related Aspects  
of Intellectual Property Rights Original: English/ 
 anglais/  inglés 
 
  
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
NORWAY 
  The present document reproduces the text
1 of the Trademarks Act, which entered into force 
on 1 July 2010, as notified by Norway on 12 June  2012 under Article 63.2 of the Agreement (see 
document IP/N/1/NOR/3). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
NORVÈGE 
 
 Le présent document contient le texte1 de la Loi sur les marques, entrée en vigueur le 
1er juillet 2010 et notifiée par la Norvège le 12 juin 2012 au titre de l'article 63:2 de l'Accord (voir le 
document IP/N/1/NOR/3). 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
NORUEGA 
  En el presente documento se reproduce el texto
1 de la Ley de Marcas de Fábrica o de 
Comercio, que entró en vigor el 1° de julio de 2010, notificada por Noruega el 12 de junio de 2012 en virtud de lo dispuesto en el párrafo 2 del artícul o 63 del Acuerdo (véase el documento IP/N/1/NOR/3). 
 
                                                      
1 In English only./En anglais seulement./En inglés solamente.     
   IP/N/1/NOR/T/4 
 Page 3 
 
 
  LOV 2010-03-26 nr 08: The Trademarks Act 
 
This is an unofficial translation of the Norwegian Trademark Prot ection Act (Act no.08 of 
26 March 2010). Should there be any differences between this translation and the authentic 
Norwegian text, the decision will be made on th e basis of the authentic Norwegian text.  
   
Date of enactment of the original text. 
 26-03-2010 
Date of entry into force of the original text. 
 01-07-2010 
Date of entry into force of the last 
amendment(s).  Not relevant. 
Ministry responsible. 
 JD (Ministry of Justice and Public Security) 
Short title. 
 The Trademarks Act 
 
Table of contents   
 
Chapter 1 - General Provisions  Chapter 2 - National application fo r registration of a trademark  
Chapter 3 - Opposition and Cancellation  Chapter 4 - Period of Validity of Tradem ark Registration. Trademark Alteration  
Chapter 5 - Review, Invalidity and Deletion  Chapter 6 - Appeal and Legal Proceedings  Chapter 7 - Assignment and Licence, etc.  Chapter 8 - Sanctions against Trademark Infringement  Chapter 9 - Provisions in Resp ect of Legal Proceedings  
Chapter 10 - International Regi stration of Trademarks  
Chapter 11 - Miscellaneous Provisions  Chapter 12 - Final Provisions   
  
 
   
    IP/N/1/NOR/T/4 
 Page 5 
 
 
  The Norwegian Trademark Protection Act (the Norwegian Trademarks Act) 
 
Cf. former Act no. 4 of 3 March 1961 on trademarks a nd Act no. 5 of 3 March 1961 on collective 
marks. 
 
Chapter 1. General Provisions 
 § 1. Exclusive right to a trademark, etc. 
 
Any person may acquire an exclusive right to u se a trademark as a distinctive sign for goods 
or services in an industrial or commercial establishm ent under 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 i ndustrial or commercial establishment (collective 
mark). A public authority, foundation, company or ot her organisation that establishes standards for or 
conducts any other check on goods or services may ac quire an exclusive right to use a trademark for 
such goods or services to which the standards or  the check apply (guarantee or check mark). 
Trademarks such as those mentioned in this paragraph are called collective marks.  
Any person who uses his own name or a protected business name as a distinctive sign for his 
goods or services enjoys protection under the rules of  this Act against unlawful use of the name as a 
trademark by other persons within  the same geographical territory. 
 
§ 2. Signs that may be trademarks 
 
A trademark may consist of any type of si gn that is capable of distinguishing one 
establishment's goods or services from those of another, for example words and combinations of words, including slogans, names, letters, numeral s, figures and pictures, or the shape, get-up or 
packaging of goods.  
A trademark right may not be acquired for signs that consist solely of a shape that proceeds 
from the nature of the goods, is necessary to obtain a technical result or adds significant value to the 
goods.  
§ 3. Establishment of a trademark right 
 
A trademark right may be acquired for all of Norway by registering the trademark in the 
Register of Trademarks under the provisions in Chapter 2.  
A trademark right may also be acquired for all of Norway by international registration under 
the provisions in Chapter 10.  
A trademark right is acquired without registra tion when the mark is established 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 goods and services in  question as someone's distinctive sign. If such 
establishment by use exists only in part of Norway, the exclusive right applies only to this territory. 
 § 4. Content of a trademark right 
 
A trademark right means that no one, without the consent of the holder of the trademark right 
(trademark holder), may use the following in  an industrial or commercial establishment: 
 IP/N/1/NOR/T/4 
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  a) signs that are identical to the trademark for goods or services for which the trademark 
is protected 
b) signs that are identical or similar to the trademark for goods or services of the same or 
similar type if there is a risk  of confusion, for example if the use of the sign may give 
the impression that there is a link between the sign and the trademark. 
 
For a trademark that is well known in Norway, the trademark right means that no one, without 
the consent of the trademark holder, may use a sign th at is identical or similar to the trademark for 
goods or services of the same or any other type if the use would result in unreasonable abuse of or damage to the distinctive feature or reput ation (goodwill) of the well-known trademark. 
 
Use is considered to include the following:  
a) placing the trademark on goods or their packaging 
b) offering goods for sale or otherwise bringing them to market, storing or delivering 
them under the sign or offering or supplying services under the sign 
c) importing or exporting goods with the trademark on them 
d) using the sign on business docum ents and in advertising. 
 Verbal use of the sign is also considered to be use.  § 5. Restriction of a trademark right 
 
A trademark right acquired by registration does not  cover any part of a trademark that could 
not be registered separately.  
The trademark right does not prevent any pers on from using the following in accordance with 
good business practice:  
a) his name, company name or address 
b) information concerning the nature, quality, quantity, purpose, value or geographical 
origin of the goods or services, the time of manufacture of the goods or of the 
performance of the services or other properties of the goods or services 
c) the trademark, when this is necessary to indicate the useful purpose of goods or 
services, for example when the trademark indicates that the useful purpose of goods 
is as accessories or spare parts. 
 
An exclusive right to a geographical indication of origin acquired by registration as a 
collective mark does not prevent others from using the indication when such use is in accordance with 
good business practice.  
§ 6. Consumption of a trademark right 
 
A trademark right does not prevent the use of the trademark for goods traded by the holder or 
with his consent within the European Economic Area (EEA) under the trademark. 
 
Paragraph one does not apply if the holder has reasonable grounds for opposing continued 
sale of the goods, for example if the condition of the goods has changed or deteriorated after they 
were traded. 
  IP/N/1/NOR/T/4 
 Page 7 
 
 
  § 7. Precedence in the event of conflict between rights 
 
If several persons make separate claims to an  exclusive right to identical or similar 
trademarks, cf. Section 4, the person who has th e oldest legal basis for his claim has precedence 
unless specified otherwise by th e provisions in  Section 8. 
 
§ 8. Effects of passivity 
 
The right to a registered trademark shall exist b eside an earlier right to a distinctive sign if the 
holder of the earlier right was aware and accepted that  the later trademark was in use in Norway for 
five years continuously after the date of registra tion 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 shall exist only for these goods or services.  
The right to a trademark established by use shall exist beside an earlier right to a distinctive 
sign if the holder of the earlier right has not taken steps to prevent the use of the later trademark 
within reasonable time. The holder of an earlier right to a trademark that is well known, cf. Section 4, 
paragraph two, is considered to ha ve acted within reasonable time if he takes steps to prevent the use 
within five years after he became aware of the use.  
§ 9. Coexistence 
 
In cases such as those mentioned in Section 8 a nd Section 35, paragraph two, sentence two, 
the holder of the later right may not oppose the use of the earlier distinctive sign even if the holder of 
the earlier right is no longer entitled to assert 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, rule that one or both distinctive signs may only be used in the future in a specific manner, 
for instance in a specific form or with a clarifyi ng addition such as the name of the holder 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 holders in different parts of Norway. 
 
§ 10. Misleading trademarks, etc. 
 
If a trademark is misleading or is used by th e trademark holder or by any other person with 
the consent of the trademark holder in a manner capable  of misleading, a court may prohibit the use of 
the trademark or such forms of use that are consid ered misleading and may issue any other orders that 
are considered necessary.  
Legal proceedings under paragr aph one may be brought by the Norwegian Industrial Property 
Office and by anyone who has a legal interest in doing so. 
 
§ 11. Reproduction of trademarks in textbooks, etc. 
 
When publishing a dictionary, manual, textbook or similar non-fictional publication, the 
author, chief editor and publisher are obliged, at the re quest of the holder of a registered trademark, to 
ensure that the trademark is not reproduced in the publication unless it is clearly stated that it is 
protected by registration.  IP/N/1/NOR/T/4 
Page 8  
 
  If a request made in due time and in accordan ce with the preceding paragraph is not complied 
with, the person to whom the request was addressed may be required to defray the cost of a correction 
published in such a manner and as wi dely as is deemed reasonable. 
 
A request under paragraph one is always cons idered complied with if the trademark is 
reproduced with the symbol ® in a clear manner. 
 
Chapter 2. National application for registration of a trademark 
 
§ 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 reproduction of the trademark 
c) a list of the goods or services for which application is made for registration of a 
trademark. 
 
An application for registration of a collectiv e mark shall also contain the regulations 
established for the use of the mark.  
The application shall also meet the requiremen ts laid down by the King in regulations. The 
stipulated fee shall be paid. 
 
§ 13. Amendment of an application 
 
Insignificant changes may be made to a trademar k for which an application has been filed for 
registration if they do not affect the overall impression of the trademark.  
The list of the goods or services for which applica tion is made for registration of a trademark 
may be limited. 
 
§ 14. General conditions of registration 
 
A trademark to be registered shall consist of a sign that can be protected under Section 2 and 
that can be reproduced graphically. It shall have di stinctive features as a distinctive sign for goods or 
services of the type to which it applies.  
A trademark cannot be registered if it solely, or only with insignificant changes or additions, 
consists of signs or information that: 
 
a) concern the nature, quality, quantity, purpose, value or geographical origin of the 
goods or services, the time of manufacture of the goods or of the performance of the services or other properties of the goods or services, or 
b) in normal linguistic usage or according to loyal, established business practice, 
constitute customary designations for the goods or services. 
 
The conditions in paragraphs one  and two shall be met on both th e date of application and the 
date of registration. When assessing a proposed trademark under paragraph one, sentence two, and  IP/N/1/NOR/T/4 
 Page 9 
 
 
  paragraph two, it is necessary to take into consider ation all circumstances that prevailed on the date of 
application, in particular effects of use of the trademark prior to this time.  
A sign that is used in an industrial or comme rcial establishment to indicate the geographical 
origin of goods or services may, without impediment by the provisions in paragraph two, 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 mislead, for example in respect of the nature, quality or geographical 
origin of the goods or services, or 
c) contains, without authorisation, a coat  of arms or another sign covered by 
Section 328, paragraph one, no. 4, or para graph two of the Norwegian Penal Code, a 
national flag or anything that is liable to be perceived as such a sign or flag. 
 
For wine and spirits, it is not permissible to regi ster a trademark that consists of or contains 
anything that is liable to be perceived as a ge ographical indication of origin, unless the geographical 
origin of the goods is in accordance with the indication.  § 16. Trademarks that infringe the rights of others 
 
A trademark cannot be registered without the consent of the relevant holder of rights if: 
 
a) use of the trademark would infringe the right of another person in Norway to a 
trademark or company name or another distinctive business sign, 
b) the trademark is liable to be confused with a trademark, company name or other 
distinctive business sign that another person started to use as 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 registra tion was filed, in such way that the filing 
shall be considered to have taken place in conflict with good business practice, 
c) the trademark contains something that is liable to be perceive d as another person's 
name, stage name or portrait, unless it obvious ly refers to a person who is long dead, 
d) the trademark contains something that is lia ble to be perceived as the distinctive title 
of another person's protected creative work or it infringes another person's right in 
Norway to a creative work or a photographic image or a design, or 
e) the trademark infringes another person's ri ght in Norway to a designation that is 
protected in the regulations 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 ri ght, the Norwegian Industrial Property Office may 
make registration subject to an indication, by means of a disclaimer, to the e ffect that this component 
is not covered by the protection afforded by registra tion. The fact that a disclaimer has not been made 
is of no significance to the scope of the trademark right.  IP/N/1/NOR/T/4 
Page 10  
 
  If it later proves that the component of the trademark that has been excluded from protection 
could be registered separately, the trademark holde r may make a new application for registration of 
that part or of the entire trademark without the disclaimer. 
 
§ 18. Classes of goods and services 
 
Trademarks are registered for specific goods or  services within specific classes of goods or 
services. The classification of goods and services is established by the King. 
 
§ 19. Priority 
 
A person who has filed an application for registra tion 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 Organization and who, within six 
months after this, applies for re gistration of the trademark in Norway may request that the new 
application be considered to have been file d at the same time as the first application. 
 
A person who has used a trademark for goods for th e first time in connection with displaying 
it at an international exhibition, as stated in th e Convention of 22 November 1928 on international 
exhibitions and who, within six months after this, applies for registration of the trademark in Norway 
may request that the application be considered to ha ve been filed on the date on which the trademark 
was first displayed at the exhibition. 
 
The King may, in regulations, establish further c onditions for the right to request priority. The 
King may also establish that priority may be requ ested in cases other than those specified in 
paragraphs one and two.  § 20. Examination of the conditions of registration 
 
The Norwegian Industrial Property Office shal l ensure that the application meets the 
requirements in Sections 12 to 15, that any require ments for disclaimers have been complied with and 
that there are no registered trademarks or applications for registration that are impediments to the 
application being granted. 
 
The Norwegian Industrial Property Office does not check specifically whether there are other 
impediments to registration as mentioned in Sec tion 16. However, if the Norwegian Industrial 
Property Office becomes aware of such impediments, the application shall be examined in relation to 
them. 
 
§ 21. The right to the trademark 
 
A person who documents that he is entitled to a trademark in an application filed by another 
person may request that the Norwegian Industrial Pr operty Office transfer the application. In such 
case, the person in question shall pay a new application fee. 
 
If there is any doubt about who holds the right , the Norwegian Industrial Property Office may 
request that the person requesting the application be transferred to him bring legal proceedings within 
a time limit fixed by the Norwegian Industrial Property Office. If no such legal proceedings are 
brought within the time limit, the Norwegian I ndustrial Property Office ma y disregard the request. 
The person requesting the transfer shall be notified of this.   IP/N/1/NOR/T/4 
 Page 11 
 
 
  While a transfer case is being examined by the Norwegian Industrial Property Office, the 
application may not be amended, shelved, rejected  or granted until the question of the transfer has 
been finally decided.  
If legal proceedings have been brought concerning the right to the trademark, the Norwegian 
Industrial Property Office shall postpone examinati on of the case concerning registration or transfer 
until the proceedings have been deci ded with legally binding effect. 
 
The Norwegian Industrial Property Office shall notify the applicant and the person 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 sh all be entered in the Register of Trademarks and 
published.  
§ 22. Registration and publication 
 
If the application meets the conditions in Secti on 20, the trademark shall be registered and a 
registration letter sent to the applicant.  The registration shall be published. 
 
When a collective mark is registered, the regula tions established for the use of the mark shall 
also be registered and published. If the regul ations are subsequently amended materially, the 
Norwegian Industrial Property Office shall immediatel y be notified of the amended text so that it can 
register and publish it. 
 
§ 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 of this an d provide information about the possible effects of 
the deficiencies. The applicant shall be given a r easonable time limit to comment on and, if possible, 
correct the deficiencies.  
If the deficiencies are corrected within the time limit set by the Norwegian Industrial Property 
Office, the application shall be considered to ha ve been filed on the date on which it reached the 
Norwegian Industrial Property Office. However, the a pplication is not considered to have been filed 
until the reproduction of the trademark and the list of  the goods or services for which the trademark is 
to be registered have reached the Norwegian Industrial Property Office. 
 
If the applicant has not commented on or corr ected the deficiencies before the time limit 
expires, the application shall be shelved. 
 
The processing of a shelved application shall be resumed if the applicant comments on or 
corrects 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. Rejection 
 
If the application has deficiencies that are not corrected under Section 23, the application shall 
be rejected unless the Norwegian Industrial Property Office considers that th e applicant should be 
given a new time limit for correction. 
 IP/N/1/NOR/T/4 
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  § 25. Access to the documents in an application case 
 
Any person may, as from the date of application,  request access to the application, including 
the enclosures and all the documents in the case,  unless specified otherwise in paragraphs two and 
three. 
 
Information on business secrets may be excl uded from public access if the applicant so 
requests. When such a request has b een 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 
trademark 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 correspondingly.  
Documents prepared by the Norwegian Industr ial 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 has been  published, any person may file an opposition to 
the registration. An opposition shall be filed in  writing and shall reach the Norwegian Industrial 
Property Office within three months of the date of publication.  
The opposition shall include: 
 
a) the name and address of th e person filing the opposition 
b) the registration to which the opposition applies 
c) the grounds on which the opposition is based 
d) necessary documentation of factors invok ed in support of the opposition. 
 
The opposition shall also meet the requirement s laid down by the King in regulations. 
 
When an opposition has been received by the Norwegian Industrial Property Office, it shall 
be entered in the Register of Trademarks and 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 fo r comments on and, if possible, correction of the 
deficiencies. If the deficiencies are not corrected be fore 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 holder shall be notified of the opposition as soon as possible and be given the 
opportunity to comment.  
If two or more oppositions have been filed to th e same registration, the Norwegian Industrial 
Property Office may combine the cases as one case if no reasoned objection to this is made. 
 
The Norwegian Industrial Property Office shall onl y consider factors that are referred to in 
the opposition. If an opposition is withdrawn, the No rwegian Industrial Property Office may continue 
the processing of the opposition if ther e are special reasons for doing so.  IP/N/1/NOR/T/4 
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§ 28. The right to the trademark 
 
If a person making an opposition requests that the re gistration 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 pe rson in question 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 ca ncel the registration of a trademark in full 
or in part if it was registered in contravention of  Sections 14 to 16 and the impediment to registration 
is sustained. The registration of a collective mark shall also be cancelled if the application did not 
include regulations on the use of the mark and the deficiency was not corrected during the processing 
of the application. 
 
If no impediment to the registration is su stained, the opposition shall be rejected. 
 
The trademark holder and the person who rai sed the opposition shall be notified of the 
decision by the Norwegian Industrial Property Offi ce in the case. When a final decision has been 
made in the case, the outcome shall be entered in  the Register of Trademarks and published. 
 
§ 30. Cancellation on account of applications with better priority 
 
If, after an application for registration of a trademark has been granted, it turns out that 
another application shall be considered, under S ection 19, to have been filed before the above 
application, and the Norwegian Industrial Property Office assumes that the application filed earlier 
would have comprised a full or par tial impediment to the registrati on of the above application, the 
Norwegian Industrial Property Office shall notify the trademark holder of this and give him the 
opportunity to comment within a reasonable time limit.  If the application with the best priority is 
granted, the Norwegian Industrial Property Office sh all, after the expiry of the above time limit, 
cancel the first registration to the extent to whic h the application with the best priority is an 
impediment to the registration remaining in place. 
 
Paragraph one applies correspondingly if the Norwegian Industrial Property Office assumes 
that an earlier application that is resumed under Section 23, paragraph four, or is processed under 
Section 80 would have comprised an impediment to re gistration for a later application that has already 
been granted. 
 
Paragraph one also applies correspondingly if the Norwegian Industrial Property Office is 
notified that an international trademark registration is  to take effect in Norway under Section 70 and 
assumes that the international registration would have  comprised an impediment to registration for an 
application that has been granted and that is considered to have been f iled 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 sha ll be entered in the Register of Trademarks 
and published.  § 31. Access to documents 
 
Any person may request access to documents in cases concerning opposition and cancellation. 
The provisions in Section 25, paragraphs  two and three, apply correspondingly. 
 IP/N/1/NOR/T/4 
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  Chapter 4. Period of Validity of Trademark Registration. Trademark Alteration 
 
§ 32. Period of validity of registration 
 
A trademark registration shall be valid for ten y ears from the date of application. Registration 
may subsequently be renewed for ten years at a time. Each period shall begin at the end of the 
previous period.  
§ 33. Renewal of registration 
 
A request for renewal shall be filed in writing with the Norwegian Industrial Property Office 
no earlier than one year before and no later than si x months after the end 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 shall be paid.  
Payment of the renewal fee with an indication of the trademark's registration number within 
the time limits in paragraph one shall be considered to be a request for renewal. 
 Renewal of a registration shall be entered in  the Register of Trademarks and published. 
 
§ 34. Alteration of a registered trademark 
 
The trademark holder may request that the Norwegian Industrial Property Office make 
alterations to a registered trademark if the altera tions are insignificant and do not affect the overall 
impression of the trademark. The stipulated fee shall be paid.  
Alteration of a registered trademark shall be entered in the Register of Trademarks and 
published. A new registration letter sha ll be sent to the trademark holder. 
 
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) under Sections 38 to 40 
if the registration took place in contravention of Sections 14 to 16 and cannot remain in force under 
Section 8, paragraph one. The registration of a collec tive mark shall be invalidated if the application 
did not contain regulations on the use of the mark and the deficiency was not corrected during the 
processing of the application.  
However, the registration shall not be invalidat ed on the grounds that use of the trademark 
would infringe the right to a registered trademar k if the conditions under 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 
trademark 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 review under the provisions in Sections 38 to 40 if:  
a) the trademark has become contrary to p ublic order or liable to cause offence,  IP/N/1/NOR/T/4 
 Page 15 
 
 
  b) the trademark has become, as a consequence of the trademark holder's actions or 
passivity, the general designation in the industry for goods or services of the type for which it is registered, 
c) as a consequence of its use by the trademar k holder or someone with his consent for 
goods or services of the type for which it is  registered, the trademark has become 
liable to mislead, in particular in respect of the nature, quality or geographical origin 
of the goods or services, or 
d) notification has not been made of amendmen ts 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 contrave ntion of the regulations filed without the 
trademark holder having taken steps to prevent such use within reasonable time. 
 
§ 37. Deletion in connection with a lack of 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 under Sections 38 to 40 if the trademark holder has not, within five years of the 
date on which a final decision on registration of the trademark was made, made actual 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, th e registration shall not be deleted if there are 
reasonable grounds for the non-use or discontinuation.  
Use of the trademark under paragraph one also in cludes use of the trademark in a form that 
differs from the form in which it is registered only by  details that do not change its distinctive features 
and use of the trademark in Norway or goods or their packaging for export. Use by the trademark holder also includes use by another person with the consent of the trademark holder.  
A registration shall not be deleted if use of the trademark is started or resumed after the end of 
the five-year period but before legal proceedings  are brought or a request is made for an 
administrative review to have the registration delete d. However, use in the last three months before 
legal proceedings are brought or a request is made fo r an administrative review shall not be taken into 
consideration if preparations for use were started only after the trademark holder became aware that legal proceedings may be brought or a request for a review made. 
 
§ 38. Partial invalidity and deletion 
 
If a basis for invalidity or deletion under Sections 35 to 37 only applies to some of the goods 
or services for which the trademark is registered, th e registration shall be invalidated or deleted with 
effect only for these goods or services. 
 
§ 39. Case affiliation requirements, etc. 
 
Legal proceedings or a request for an admini strative review based on Sections 35 to 37 may 
be brought or made by any pers on who has a lawful interest in the case. A request for an 
administrative review may also be made by th e trademark holder. Legal proceedings based 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 time limit has expired and any opposition case s have been settled with a final decision. The 
request shall be filed in writing with the Norw egian Industrial Property Office and include: 
 
a) the name and address of the person who has filed the request IP/N/1/NOR/T/4 
Page 16  
 
  b) the trademark registration to which the request applies 
c) the grounds on which the request is based 
d) necessary documentation of factors invoked in support of the request. 
 
The request shall also meet the conditions laid down by the King in regulations. The 
stipulated fee shall be paid. 
 
If the request does not meet the conditions in paragraph one and Section 39, the Norwegian 
Industrial Property Office shall set a reasonable time limit for comments on and, if possible, 
correction of the deficiencies. If the deficiencies are no t corrected before the expiry of the time limit, 
the request shall be rejected unless the Norwegian I ndustrial Property Office considers that a new time 
limit for correction should be set. The Norwegian I ndustrial Property Office may also reject the 
request if the case cannot be decided by the Norweg ian Industrial Property Office, especially because 
the actual conditions are disputed or unclear.  
If the request has been made by persons othe r than the holder of the registration, the 
Norwegian Industrial Property Office shall notify th e holder of the request as soon as possible, with a 
reasonable time limit for comments. The person requ esting an administrative review shall notify all 
licensees registered in the Register of Trademarks 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 li mit is not met, the request shall be rejected. 
 
If two or more requests have been filed for re views of the same trademark registration, the 
Norwegian Industrial Property Office may combine th e cases if no reasoned objection to this is made. 
The Norwegian Industrial Property Office can only consid er factors that are referred to in the request. 
 § 41. The relationship between cases for the Norw egian Industrial Property Office and the 
courts 
 
A request for an administrative review may no t be made until legal proceedings concerning 
invalidity or deletion have been decided with legally binding effect. If legal proceedings concerning 
invalidity or deletion are brought before a final decision has been made in a case concerning an 
administrative review, the Norwegian Industrial Property Office shall stop processing the case 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 holder.  
A person who has made a request for an ad ministrative review may not bring legal 
proceedings 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 proceedings concerni ng invalidity or deleti on if the rules on legal force prevent legal 
proceedings being brought again concerning the same situation. 
 
§ 42. Invalidity and deletion in certain special cases 
 
If the trademark holder and the person challenging 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 
Industrial Property Office's second department. The stipulated fee shall be paid. 
  IP/N/1/NOR/T/4 
 Page 17 
 
 
  § 43. Deletion in connection with an unknown address, etc. 
 
If there are reasonable grounds to doubt that a trademark holder exists, any person may make 
a written request to the Norwegian Industrial Propert y Office for the registration to be deleted. The 
same applies if the trademark holder's address is  unknown. The stipulated fee shall be paid. 
 
Before a registration may be deleted under pa ragraph one, the Norwegian Industrial Property 
Office shall request the trademark holder to report with in a reasonable time limit. This request shall be 
made by registered post or in some other satis factory manner. If the trademark holder's address is 
unknown, the request is made by pub lication in Norsk Varemerketidende. 
 
If the trademark holder has not reported within  the time limit, the Norwegian Industrial 
Property Office shall decide whether to de lete the registration of the trademark. 
 
§ 44. Effect of decisions concerning invalidity or deletion 
 
A legally binding ruling or a final decision by  the Norwegian 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 ruling or a final decision by  the Norwegian Industrial Property Office to 
delete a registration takes effect from the time at which legal proceedings we re brought or a request 
for deletion was filed with the Norwegian Industri al Property Office. However, following a request 
from a party to the case, it may be est ablished in a court ruling or a decision based on Section 36 that 
the decision will take effect from an earlier ti me 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 registration has taken place by 
obvious mistake, the Norwegian Industrial Property Office may cancel the registration in full or in 
part on its own initiative.  
The trademark holder shall be notified, with a reasonable time limit for comments before 
cancellation takes place.  
§ 46. Deletion in connection with expiry of the registration period, etc. 
 
The registration of a trademark sh all be deleted after the expiry of the registration period if 
the registration is not renewed or if the trademar k holder requests in writing that the registration be 
deleted. 
 If legal proceedings have been brought concerni ng the right to the trademark, the registration 
may not be deleted following a request from the tr ademark holder until the legal proceedings have 
been decided with legally binding effect. 
 
§ 47. Entry in the Register of Trademarks and publication 
 
If a request has been made for administrative review of a trademark registration or legal 
proceedings have been brought concerning the invalidit y or deletion of such a registration, this shall 
be entered in the Register of Trademarks and publis hed. When a final decision has been made in the 
case, the outcome shall be entered in the Register of Trademarks and published. 
 IP/N/1/NOR/T/4 
Page 18  
 
  A final decision concerning the cancellation of a registration under Section 45 shall be 
entered in the Register of Trademarks and publishe d. The same applies to a final decision concerning 
invalidity or deletion under Section 42 and deletion under Sections 43 and 46. 
 
§ 48. Access to documents 
 
Any person may request access to documents in cases for the Norwegian Industrial Property 
Office under 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 Norweg ian Industrial Property Office's first 
department 
 
A decision of the Norwegian Industrial Property Office's first department on an application 
for trademark registration or a request for an intern ational trademark registra tion to have effect in 
Norway may be appealed by the applicant to th e Norwegian Industrial Property Office's second 
department if the decision went against the appl icant. The same applies to a decision of the 
Norwegian Industrial Property Office's first departme nt to reject an application for international 
trademark registration under Section 68, paragraph three.  
 
The decision in an opposition case may be appealed to the Norwegian Industrial Property 
Office's second department by the party agains t whom the decision was made. If a request for a 
transfer of an application under Section 21 or a re gistration under Section 28 is granted, the decision 
may be appealed to the Norwegian Industrial Prope rty Office's second department by the applicant or 
the trademark holder. 
 
The decision in a case concerning an administra tive review under Sections 35 to 37, cf. 
Section 40, may be appealed to the Norwegian I ndustrial Property Office's se cond department by the 
party against whom the decision was made. This does not apply to a decision to reject a request under 
Section 40, paragraph two, sentence three. 
 
The trademark holder may appeal to the sec ond department against a decision to cancel a 
registration under Section 30 or 45 or to delete a registration under Section 43. 
 
A decision to reject a request to: 
 
1. resume processing under Section 23, paragraph four 
2. exclude information from public access under Secti on 25, paragraph two, Sections 31, 48, 51, 
paragraph five, and 76 
3. access documents in cases under this Act 
4. renew a trademark registration under Section 33 
5. alter a trademark under Section 34 
6. have a case processed under Section 80 
 may be appealed to the Norwegian Industrial Prope rty Office's second department by the person who 
made the request.  
 
Other decisions of the Norwegian Industrial Pr operty Office's first department may not be 
appealed.   IP/N/1/NOR/T/4 
 Page 19 
 
 
  § 50. Filing appeals 
 
An appeal shall be filed in writing with the Norwegian Industrial Property Office within two 
months after the date on which notification of th e 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 the decision requested 
d) the grounds on which the appeal is based. 
 
The appeal shall also meet the conditions laid down 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's first department may cancel or am end 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 Norwegian Industrial 
Property Office's second department. If the Norwegia n Industrial Property Office's first department 
makes a comment to the second department, a copy shall be sent to the parties. 
 
If the conditions for processing the appeal 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 corrected before the expiry of th e time limit, the appeal shall be rejected unless 
the Norwegian Industrial Property Office's second de partment considers that a new time limit for 
correction should be set.  
If the appeal is processed, the Norwegian Indus trial Property Office's second department 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 No rwegian 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 thr ee, apply correspondingly. 
 
§ 52. Review by the courts of decisions in th e Norwegian Industrial Property Office's second 
department 
 
A decision from the Norwegian Industrial Property Office may only be brought before the 
courts if the right of appeal under Section 49 has been exercised and the Norwegian Industrial 
Property Office's second department has made a decision on the appeal. Paragraph one does not 
concern the right to bring legal proceedings concer ning invalidity or deletion under Sections 35 to 37 
or concerning the right to the trademark.  
The decision in the Norwegian Industrial Prope rty Office's second department in an appeal 
case may be brought before the courts by the pa rty against whom the decision was made, unless 
paragraph three specifies otherwise. Legal proceedi ngs 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 in cluded in the notification of the decision. IP/N/1/NOR/T/4 
Page 20  
 
   
The decision of the Norwegian Industrial Pr operty Office's second department in a case 
concerning the transfer of an application or regi stration may not be brought before the courts. The 
same applies to a decision by which the Norwegia n Industrial Property Office's second department 
rejects or dismisses an opposition, rejects or refu ses a request for an administrative review under 
Section 40 or upholds a decision in the first department on such a rejection, dismissal or refusal. 
 
Chapter 7. Assignment and Licence, etc. 
 
§ 53. Assignment 
 
A trademark right may be assigned with or without any connection to the establishment to 
which the trademark is linked.  
If an establishment changes ownership, the right  to trademarks linked to the establishment 
passes to the acquirer, unless agreed otherwise. 
 
§ 54. Licence 
 
A trademark holder may grant another person the righ t to use the trademark in an industrial or 
commercial establishment (licence). The licensee may not reassign the right, unless agreed otherwise. 
 
The trademark holder may invoke the provisions in Chapter 8 in relation to a licensee who 
fails to comply with the licence agreement's provisi ons on the term of the licence, the form in which 
the trademark may be used, the goods or services fo r 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 a ttachment or any other separate enforcement 
proceedings on the part of creditors. 
 
§ 56. Entry of assignments and licences in the Register of Trademarks, etc. 
 
Legal proceedings concerning a registered tr ademark may always be brought against the 
person registered as the trademark holder in the Register of Trademarks, and notifications that the 
Norwegian Industrial Property Office shall give th e trademark holder 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 Register of Trademarks and published if one  of the parties so requests. 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 Register of Trademarks and published if one of the parties so 
requests. The same applies if a register ed licence has been assigned or has lapsed. 
  IP/N/1/NOR/T/4 
 Page 21 
 
 
  Chapter 8. Sanctions against Trademark Infringement 
 
§ 57. Injunctions against continued trademark infringement 
 
A court may issue an injunction against a pe rson who infringes another person's trademark 
right, prohibiting him from repeating the action. 
 
§ 58. Compensation and damages for trademark infringement 
 
Any person who intentionally or negligently in fringes the trademark right of another person 
shall pay compensation equivalent to a reasonable licence fee for the use of the trademark, plus 
damages for any further damage  caused by the infringement. 
 The compensation may be reduced and the damage s adjusted if there is little for which the 
person making the infringement can be blamed. 
 
If the infringement took place in good faith, the c ourt may, to the extent found reasonable, 
order the person making the infringement to pay compensation and damages under paragraphs one 
and two.  
The trademark holder may also claim damages fo r any damage caused to others who have a 
right to use the trademark. 
 
In the event of infringement of a registered  trademark, compensation and damages may only 
be awarded when the infringement took place after pub lication of the registration or after the person 
making the infringement became aware in some ot her way that an application to register the 
trademark had been filed. For infringement of such trademarks, the period of limitation for claims for 
compensation and damages under this section begins from the time of registration. 
 
§ 59. Action to prevent new trademark infringements 
 
To prevent new trademark infringements, the court may, following a claim by the injured 
party, rule that trademarks shall be altered or removed from goods. If this cannot be done in any other 
way, the court may rule that goods shall be altered in a specific manner, destroyed or assigned to the 
injured party by way of deduction from any claim under Section 58.  
The court may also decide on other action to prevent new trademark infringements, including 
that the person infringing the trademark shall take steps to delete or assign to the injured party any 
domain names used in contravention of the trademark right.  
§ 60. Basis for acquittal in civil cases 
 
In civil cases concerning infringement of a registered trademark, it can only be assumed that 
the registration is invalid or can be deleted under the provisions in Sections 35 to 37 if a legally 
binding ruling for invalidity or deletion has first been delivered or if the Norwegian Industrial 
Property Office has made a final decision on this.  
§ 61. Punishment for trademark infringement 
 
Any person who intentionally infringes the tradem ark right of another person or contributes to 
such infringement is subject to punishment by fi nes or imprisonment of up to three months. If 
considerable and obviously unlawful gain was the intention of the infringement, the punishment is 
fines or imprisonment of up to one year. IP/N/1/NOR/T/4 
Page 22  
 
   
In the event of infringement of a registered tr ademark, a sentence may only be passed if the 
infringement took place after the registration was published.  
A public prosecution shall only take place if the injured party so requests, unless it is required 
in the public interest. In the event of infringement of the right to a collective mark, only the trademark 
holder is considered to be the injured party. 
 
Chapter 9. Provisions in respect of Legal Proceedings 
 
§ 62. Mandatory venue 
 
The following legal proceedings shall be brough t before Oslo City Court (Oslo tingrett): 
 
a) legal proceedings concerning review of deci sions made by the Norwegian Industrial 
Property Office's second departme nt, as mentioned in Section 52 
b) legal proceedings concerning invalidity or  deletion of a trademark registration under 
Sections 35 to 37. 
 
Oslo City Court is the venue for applicants and trademark holders who are not domiciled in 
Norway. 
 
§ 63. Right to bring legal proceedings 
 
If a licence has been granted to use a tradem ark, both the trademark holder and the licensee 
may bring legal proceedings concerning trademark in fringement within the licensee's territory, unless 
agreed otherwise. 
 
In the event of infringement of  the right to a collective mark, only the trademark holder may 
bring legal proceedings.  
§ 64. Notification of legal proceedings 
 
A person who brings legal proceedings concer ning invalidity or deletion of a trademark 
registration under Sections 35 to 37 shall also give  notification of this to the Norwegian Industrial 
Property Office and by registered post to each licensee entered in the Register of Trademarks with an 
address. A licensee who brings legal proceedings concerning trademark infringement shall similarly 
give notification of this to the trademark holder. 
 
If the plaintiff does not document that the necessar y notifications have been given, the court 
may set a time limit for giving notification. If the time limit is not met, the case shall be dismissed.  
§ 65. Transmission of rulings 
 
The court shall send the Norwegian Industrial Prope rty Office a transcript of rulings in civil 
cases concerning trademark registrations or applications. 
 
Chapter 10. International Registration of Trademarks 
 
§ 66. Definitions 
 
An international trademark registration is a re gistration of a trademark by the International 
Bureau of the World Intellectual Property Organi zation (WIPO) under the Protocol Relating to the  IP/N/1/NOR/T/4 
 Page 23 
 
 
  Madrid Agreement Concerning the International Regi stration of Marks of April 14, 1891, adopted at 
Madrid on June 27, 1989 (the Madrid Protocol).  
The Norwegian Industrial Property Office is th e 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 domicile d or operating an industrial or commercial 
establishment in Norway and has a trademark regist ration or has filed an application for such a 
registration in Norway may apply for internati onal registration of the trademark by filing an 
application with the Norwegia n Industrial Property Office. 
 
The application shall be in writing in English and include: 
 
a) the name and address of the applicant 
b) the number(s) and date(s) of the Norw egian trademark registration(s) or 
application(s) on which the interna tional registration is to be based 
c) a reproduction of the trademark 
d) a list of the goods or services for which application is made for registration of the 
trademark 
e) a list of the countries or international orga nisations for which the registration should 
take effect. 
 
The application shall also meet the requiremen ts laid down by the King in regulations. The 
stipulated fee shall be paid. 
 
§ 68. The Norwegian Industrial Property Offi ce's processing of the application 
 
The Norwegian Industrial Property Office shall en sure that the conditions in Section 67 are 
met and that the information in the application is in accordance with the in formation stated in the 
Norwegian trademark registration(s) or application( s) on which the international application is based. 
 
If the application meets the requirements specified  in paragraph one, th e Norwegian Industrial 
Property Office shall send the application to the International Bureau.  
If the application does not meet the requirement s specified in paragraph one, the Norwegian 
Industrial 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, correct the deficiencies. If the applicant has not commented on or corrected the deficiencies 
before the time limit expires, the application shall be rejected.  
§ 69. Request for registration to take effect in other countries, etc. 
 
A person who is a Norwegian citizen or domicile d or 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 
organisations may file an application for this to the International Bureau or the Norwegian Industrial 
Property Office. 
 
The application filed with the Norwegian Indus trial Property Office shall be in writing in 
English and include:  IP/N/1/NOR/T/4 
Page 24  
 
  a) the name and address of the applicant 
b) the number of the international registration 
c) the country or countries or international organisations for which the registration 
should take effect 
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 reg istration to take effect in Norway 
 
When the Norwegian Industrial Property Office receives notification from the International 
Bureau with a request from the holde r for an international trademark registration to take effect in 
Norway, the Norwegian Industrial Property Offi ce shall investigate whether the registration 
conditions in Sections 14 to 16 have been met.  
If the registration conditions have been met, the Norwegian Industrial Property Office shall 
enter the international trademark registration in the Register of Trademarks and publish the fact that it 
has taken effect in Norway.  
If the registration conditions have not been me t, the Norwegian Industrial Property Office 
shall refuse, in full or in part, to grant the intern ational registration effect in Norway. Notification of 
such refusal shall be given to the Internationa l Bureau within 18 months after the Norwegian 
Industrial Property Office received notification as stated in paragraph one. 
 
In the event of refusal, the holder of the inte rnational registration may, on the conditions 
established in regulations, request that the Norweg ian Industrial Property Office's first department 
reassess whether the international 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 registrati on to take effect in Norway. If the holder of the 
international registration has invoked priority, Section 19 applies.  
§ 71. Opposition 
 
Any person may, within three months after th e publication date, file an opposition to an 
international trademark registration taking effect in Norway. Section 26 applies correspondingly to the 
filing and publication of oppositio ns. Sections 27 and 28 apply co rrespondingly to the processing of 
oppositions. 
 
If a condition for registration under Sections 14 to 16 has not been met, the Norwegian 
Industrial Property Office shall rule that the interna tional registration will not take effect, in full or in 
part, in Norway if the time limit under Section 70, pa ragraph three, sentence two, has not expired, or 
the Norwegian Industrial Property Office has, before the expiry of the time limit stated, 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 conditions for registration have been me t, the Norwegian Industrial Property Office 
shall dismiss the opposition. 
 
The holder of the international registration and the person making the opposition shall be 
notified of the Norwegian Industrial Property O ffice's decision in opposition cases. When a final 
decision has been made in the case, the outcome sha ll be entered in the Register of Trademarks and 
published.  IP/N/1/NOR/T/4 
 Page 25 
 
 
   
§ 72. Effects of an international trademark registration 
 
An entry in the Register of Trademarks that an  international trademark registration has effect 
in Norway shall have the same effect as if the tr ademark were registered in  Norway. The entry shall 
take effect from the date on which the registration w ith the International Bureau is considered to have 
taken place or from the date of a subsequent designation of Norway. 
 
The registration shall apply for ten years from the date on which the registration with the 
International Bureau is considered to have take n place. It may be renewed for ten years at a time 
under the rules of the Madrid Protocol. When the Norwegian Industrial Property Office receives 
notification from the International Bureau of renewal of an international registration, this shall be 
entered in the Register of Trademarks and published. 
 
An entry in the Register of Trademarks that an  international registration has effect in Norway 
may be cancelled under Sections 30 and 45 and declar ed invalid or deleted under the provisions in 
Chapter 5. Cancellation under Sections 30 and 45 shall take place within the time limit in 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 pro ceedings concerning the trademark may always be 
brought against the person registered as th e holder in the international register. 
 
§ 73. Relationship between a national and an international trademark registration 
 
If a person holds both an international registra tion with effect in Norway and a Norwegian 
registration of the same trademark, the intern ational registration shall replace the Norwegian 
registration if the international registration has effe ct in Norway from a later date than the Norwegian 
registration, and all goods or services covered by th e Norwegian registration are included in the list of 
goods or services covered by the international regi stration as it applies to Norway. This entails no 
restrictions to rights already acquired on the basis of the Norwegian registration.  
Following a request from the trademark holder, the Norwegian Industrial Property Office 
shall enter in the Register of Trademarks and publis h the fact that the international registration has 
replaced the Norwegian registration.  
§ 74. The effect when an international trademark registration ceases 
 
If an international registration ceases to apply in fu ll or in part, its effect in Norway ceases at 
the same time to the corre sponding extent. This shall be entered in the Register of Trademarks and 
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 holder 
subsequently files a request with the Norwegian Indus trial Property Office to register the trademark in 
Norway, such registration shall take effect from th e date on which the international registration took 
effect in Norway if the request is filed within th ree months after the date on which the international 
registration ceased, and the goods or services speci fied in the request were covered by the 
international registration as it applied in Norway.  IP/N/1/NOR/T/4 
Page 26  
 
  If an international registration that has effect in Norway ceases to apply in full or in part as a 
result of termination of the Madrid Protocol and the holder 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 registra tion took effect in Norway if the request is filed 
within two years after the date on which the te rmination took effect, and the goods or services 
specified in the request were covered by the in ternational 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, paragra phs two and three, apply correspondingly. 
 
Chapter 11. Miscellaneous Provisions 
 
§ 77. Address for correspondence 
 
Notifications from the Norwegian Industrial Prope rty Office to an applicant, a registration 
holder, a person making an opposition or a person wh o has requested an administrative review under 
Section 40 are always considered to have been given when they have been sent to the address that the 
person in question specified most recently to the Norwegian Industrial Property Office. The address is 
entered in the Register of Trademarks. For a pplicants and registrati on holders who have a 
representative, notifications may be sent to the representative. 
 
If the registered address proves to be incorrect, the notification or a summary of it shall be 
included in Norsk Varemerketidende, with inform ation that the document is available from the 
Norwegian Industrial Property Office. 
 
If service or any other procedural notification ca nnot be given at the registered address or the 
representative, paragraph two applies correspondingly to a court. In such case, the document shall be 
considered to have been served or notification to  have been given four weeks after publication in 
Norsk Varemerketidende.  
If an applicant or registration holder has othe rwise appointed a representative to represent him 
in matters concerning the application or registrati on, the name and address of the representative shall 
be entered in the Register of Trademarks. The same applies if  a person making an opposition or a 
person who has requested an administrative review h as appointed a representative to represent him in 
matters concerning the oppositi on 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 Pr operty 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 the country of origin of the goo ds or services to which the application applies. 
 
Paragraph one does not apply if the appli cant's country of origin does not require 
corresponding proof for trademarks for which regist ration is applied for there by the owners of 
industrial or commercial es tablishments in Norway. 
  IP/N/1/NOR/T/4 
 Page 27 
 
 
  § 79. Right of registration as in the country of origin 
 
The King may establish in regulations that a trad emark that is registered in a foreign state 
may be registered in Norway 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 registrati on protection does not apply to any greater extent 
or for any longer period than in the foreign state.  § 80. Effect of non-compliance with time limits 
 
A person who, in relation to the Norwegian Indus trial Property Office, has failed to comply 
with a time limit set in or in pursuance of the provi sions 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 person himself and any representative have shown the due 
diligence that can reasonably be e xpected. The request shall be file d in writing with the Norwegian 
Industrial Property Office within two months afte r the impediment that led to the non-compliance 
with the time limit ceased and no later than four mont hs 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 unde r Section 19 on priority, the time limit for 
appealing decisions as specified in Section 49, para graphs two and three, or the time limit for legal 
proceedings under Section 52, paragraph two, sentence two.  
§ 81. About the Register of Trademarks, etc.  
 
The Norwegian Industrial Property Office shall k eep the Register of Trademarks and publish 
a gazette in which registrations, etc. are published.  
Any person shall be entitled to view the Regi ster of Trademarks and receive a certified 
printout 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 under this paragra ph shall be set so that the total income is not 
higher than the actual costs of communicating the in formation, plus a reasonable level of profit. 
 § 82. Regulations to the Act (fees, etc.) 
 
The King may, in regulations, issue further provi sions to supplement and implement this Act. 
The King may, among other things, issue provisions on:  
a) filing and processing applications and oppositions, including the right to use a 
language other than Norwegian in corr espondence with the Norwegian Industrial 
Property Office 
b) international applicati ons and registrations 
c) dividing and merging applications a nd registrations and fees for this 
d) the length of time limits under the Act 
e) keeping the Register of Trademarks and access to it 
f) publications under the Act 
g) the gazette published by the Norwegian Industrial Property Office 
h)
 fee rates and payment of fees. 
 IP/N/1/NOR/T/4 
Page 28  
 
  Chapter 12. Final Provisions 
 
§ 83. Implementation and transitional provisions 
 
The Act enters into force 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 applica tions filed after this Act has entered into 
force. 
 
Applications to register trademarks and collec tive marks that are filed before the Act enters 
into force shall be considered to meet the requi rements for the content 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 th at is made before the Act enters into force 
may only be cancelled following an opposition or inva lidated to the extent to which this would be 
justified under Act no. 4 of 3 March 1961 on tradem arks and Act no. 5 of 3 March 1961 on collective 
marks. However, the rules on deletion in Sections 36, 37, 42 and 43 also apply to registrations made 
before the Act enters into force. Otherwise, the Ac t also applies to registrations made before the Act 
enters into force. 
 
1 From July 2010 according to d ecree no. 936 of 25 June 2010. 
 
§ 84. Amendments to other Acts  
 
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Database most recently updated on 1 August 2010   
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