IP Curious IP Professional Client portal Resource library Norsk Twitter | LinkedIn SERVICES INDUSTRIES ABOUT UPDATES TRADEMARK How can we help you? The value of a trademark What is a trademark? Exclusive right to a trademark? What can be registered? Trademark Search Filing requirements Portfolio management RELATED CONTENT Related people Related case studies Related updates HOW CAN WE HELP YOU? Our consultants specialize in trademarks. We assist large and small clients in a wide specter of businesses and industries. By having a close dialogue with you, our goal is to reach the best possible strategy for protection of your trademarks in and outside Norway. Our lawyers have long experience in a broad area. We assist not only in protection strategy but also in connection with, among other things, filing of applications, pre-filing searches, trademark watches, managing of conflicts, enforcement of rights, negotiations, agreements and the management of portfolios. All of this is done in cooperation with our competent IP administrators. Do you want to know more? Contact us! THE VALUE OF A TRADEMARK Trademarks and product names can be of great importance to the business’ market position and competitive ability. They can also represent a considerable value for the business. Developing and incorporating good trademarks can be time-consuming and costly. Registering a trademark at an early stage is therefore a reasonable insurance of the values created. Being able to document an exclusive right to a trademark can be crucial in, for example, compilation of an agreement to collaborate, and often the registered trademarks are of great importance to the price achieved by the possible sale of a business. It is also important to stay informed of others’ registration and use of trademarks. By doing this you can both stop violations of your rights and avoid unnecessary conflict by infringing on others’ rights. A well thought out trademark strategy is central to insuring the business’ values. It will also save the business from unnecessary costs. WHAT IS A TRADEMARK? A trademark is a hallmark of a particular business’ products and/or services. A trademark should be able to distinguish your products or services from the competition’s products or services. This can include a name, a logo, a figurative element, a fantasy word, a slogan, a sound or a melody, a smell, a colour or a colour combination, the appearance of a product, or the packaging. EXCLUSIVE RIGHT TO A TRADEMARK? Exclusive right to a trademark can be achieved through registration. An exclusive right involves having a monopoly on one’s trademark. This exclusive right or monopoly can be utilized by preventing others from using a trademark which is the same or similar to one’s own trademark should there be danger of confusion. The exclusive right also grants the opportunity to allow others to use the trademark in question, usually for a licence fee or royalty. WHAT CAN BE REGISTERED? Anything which is regarded as suitable to distinguish the goods and/or services of a trader from the goods and/or services of another may be registered as a trademark, as long as the mark can be reproduced graphically. The main conditions are that the trademark must be distinctive for the goods and/or services for which the trademark is filed and that there is not already an identical or confusingly similar trademark already registered, or similar rights, belonging to others. TRADEMARK SEARCH Before choosing a new trademark a search should be carried out to determine whether it collides with the name or trademarks already protected for others. Acapo will quickly carry out a trademark search to determine whether others have a right to a similar trademark, in Norway and most other countries in the world. FILING REQUIREMENTS 1. Minimum requirements to obtain a valid filing date 1.1. Applicant’s name, address and type of business. 1.2. Goods/services to be covered by application, translated into Norwegian. 1.3. Representation of the trademark (word, script, device). 2. Requirements to complete the filing 2.1. Power of Attorney. Please note that an electronic copy is sufficient. 3. Convention priority 3.1. The claim must be included in the application form with a reference to the priority data (country of filing, application number and filing date). Copies of the priority document(s) are normally not required. It is not possible to claim priority after the application is filed. 4. Classification 4.1. Goods and services are listed in accordance with the Nice classification system. If necessary, we will classify your local description of the goods/services in accordance with the Norwegian requirements. 4.2. After filing, the list of goods/services may be amended, provided that it is not thereby extended. 5. User requirements 5.1. Registered trademarks should be used within five years from date of registration, to avoid possible cancellation from third parties. 6. Renewals 6 .1. Registrations are valid for ten years from the date of registration. Applications for renewals may be filed from one year prior, to 6 months after the expiration date. PORTFOLIO MANAGEMENT An essential part of a company’s assets is related to intellectual property rights. To be able to protect and maintain these assets in the best possible way, it is essential to know what you own and manage the portfolio well. We keep track of current deadlines, take care of updates, recordals and amendments, as well as collaborate with you on restructuring, consolidating and maintenance of the portfolio. Together we will make sure that your IP rights cover all aspects of your business. Your portfolio and IP strategy should be the perfect tools to achieve your goals. RELATED PEOPLE PARTNER, ATTORNEY-AT-LAW KJERSTI ROGNE CONTACT PARTNER, LAWYER SUSANNE KNOPH BRUUN CONTACT ATTORNEY-AT-LAW KJERSTI STAVEN-GARBERG CONTACT ATTORNEY-AT-LAW ESPEN CLAUSEN CONTACT ASSOCIATED-LAWYER INGRID WETLESEN DAVANGER CONTACT ATTORNEY-AT-LAW KRISTINA EDÉN JOHNSEN CONTACT RELATED CASE STUDIES CASE STUDIES AURLAND SKOFABRIKK A A modern and traditional company who understand intellectual property READ MORE RELATED UPDATES NEWS TURBONEGER IN BATTLE OVER TRADEMARK RIGHTS A Sorry, this article is available in Norwegian only. READ MORE NEWS ACAPO ADVARER A Sorry, this article is available in Norwegian only. 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