TRADEMARK REGULATIONS
�
Royal Decree of March 29, 1996 pursuant to Act No. 4 of March 3, 1961 concerning Trademarks, sections 16, 17, 18, 29, 30, 31, 47, 50, 52, 59 and 62 and Act No. 5 of March 3, 1961 concerning Collective Marks, sections 2 and 8. Amended by Royal Decree of December 20, 1996 pursuant to the Trademarks Act, sections 29 and 62 and the Collective Marks Act, section 8. Presented by the Norwegian Ministry of Justice
TABLE OF CONTENTS
Chapter 1 Introduction Chapter 2 Filing National Trademark Applications, etc. Chapter 3 Priority, etc. Chapter 4 Division of Applications Chapter 5 Exceptions from Legal Protection Chapter 6 Oppositions Chapter 7 Alterations and Expunction from the Trademark Register Chapter 8 Applications for International Trademark Registration Chapter 9 Designation of Norway in International Trademark Registrations Chapter 10 Chapter 11 Miscellaneous Provisions
Chapter 1
�Introduction
�
Section 1
The provisions in these regulations with respect to trademarks apply also to collective marks where nothing to the contrary is stated or is evident from the context. The provisions with respect to goods applyalso to services where nothing to the contrary is stated or is evident from the context.
Chapter 2
�Filing National Trademark Application, etc.
�
Section 2
�
Application for registration of a trademark shall be filed in writing withe Norwegian Patent Office, cf. section 17, first paragraph , firs period, of the Trademarks Act.
The application shall be drawn up in the Norwegian language unless the Patent Office in individual cases accepts that the application is wholly or partly in another language. The Patent Office may require that appendices which are not in Norwegian be accompanied by a translation into Norwegian. Certification of the translation by a government-authorised translator or in some other manner acceptable to the Patent Office may be required.
Section 3
The application shall be signed by the applicant or his representative and contain:
1) �a reproduction of the trademark;
2) �the applicant’s business name or name, and also the name of his representative, if any;
3) �a list of the goods and the respective classes of goods in respect of which registration of the mark is sought;
If the applicant wishes the mark to be perceived as a word mark in standard letters or as a three-dimensional mark (product get-up or the like), this must be stated in the application.
If the application concerns a letter mark, or number mark or a word mark of a characteristic shape or a device mark, illustrations of the mark shall be submitted as appendices to the application.
In an application for the registration of a collective mark, the provisions stipulated for the use of the mark must be enclosed as appendices.
Section 4 1
Section 5
Registration may not be applied for more than one trademark in one and the same application.
Section 6
The Patent Office shall allocate all applications filed, cf. section 17, second paragraph of the Trademarks Act, an application number.
1 Repealed by Royal Decree of December 20, 1996. Now see Regulations concerning Fees Payable to the Patent Office, section 1. Amendment in force from January 1, 1997.
Section 7
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The Patent Office shall keep a journal of all applications filed. The journal shall be available to the public.
Section 8
The Patent Office may provide further provisions with respect to:
1) �classification of goods into classes of goods;
2) �the application and the information it shall contain;
3) �the obligation of the person acting as representative to enclose with the application confirmation of his representation of the applicant;
4) �other appendices which shall be enclosed with the application, and theinformation these appendices shall contain; and
5) �the journal of all applications filed.
Chapter 3
�Priority, etc.
�
Section 9
The provisions concerning exhibition priority in section 18,first paragraph of the Trademarks Act apply correspondingly in the case of international exhibitions held in a State which has acceded to the Paris Convention for the Protection of Industrial Property or the Agreement establishing the World Trade Organization.
The claim of exhibition priority from an international exhibition in this country or from an international exhibition as mentioned in the first paragraph, shall be included in the application for registration of a trademark, or shall be filed in writing with the Patent Office no later than within in two months after the filing date of the application. This claim shall be accompanied by information with respect to:
1) �the international exhibition at which the trademark was first used for the goods displayed; and
2) �the date of the opening of the exhibition and of the first display of the goods at the exhibition.
Anyone who wishes to claim exhibition priority shall file evidence of priority within two months after the claim thereof has been submitted to the Patent Office. Acceptable as evidence of priority is a statement from the management responsible for the exhibition to the effect that the exhibition is international, provided the statement also contains particulars with regard to the date of the opening of the exhibition and of the first display of the goods at the exhibition.
The applicant’s right to exhibition priority lapses if the conditions in the second and third paragraphs are not fulfilled.
Section 10
Application priority as mentioned in section 30, first paragraph , of the Trademarks Act, may be claimed pursuant to the Paris Convention, Article 4, on the basis of the first application for registration of the mark which is filed in a State party to the Paris Convention for the Protection of Industrial Property or the Convention establishing of the World Trade Organization, provided that an application for registration of the mark is filed in Norway within six months after the filing of the first application.
The claim of application priority shall be included in the application or filed in writing with the Patent Office no later than within two months after the application for registration of the trademark has been filed in Norway. The claim shall be accompanied by information with respect to 1) the State in which registration of the mark was first sought; 2) the filing date of the first application; and 3) the application number of this application, if known.
If the application number referred to in item 3 is not known when the claim of application priority is filed, information with respect to the number must be submitted to the Patent Office as soon as the applicant becomes cognisant thereof.
Anyone claiming application priority shall file evidence of priority within two months after receiving a request therefor from the Patent Office. Acceptable as evidence of priority is a copy of the first application which has been filed in the State concerned, provided that the registration authorities in that State have furnished the copy with
1) �confirmation that the copy is in conformity with the application first filed in the state in question; and
2) �confirmation of the filing date of the application in the state concerned.
The applicant’s right to application priority lapses if the conditions in the second and third paragraphs are not fulfilled.
Section 11 2
On the conditions referred to in the Paris Convention, Article 6quinquies, the applicant may request that a trademark be registered in this country in the same manner as the mark has been registered in a foreign State party to the Paris Convention on the Protection of Industrial Property or the Agreement establishing the World Trade Organization (“telle-quelle” registration), cf. section 29 of the Trademarks Act. Requests for registration of this kind must be included in the application or submitted in writing to the Patent Office within two months after the application for registration of the trademark
2 The first period was amended by Royal Decree of December 20, 1996. Amendment in force from January 1, 1997.
has been filed with the Patent Office. Evidence of registration of the mark in the foreign State shall be enclosed with the request. Acceptable as evidence is a copy of the certificate of registration in the foreign state, provided that the correctness of the copy has been certified by the registration authorities of the State concerned.
Section 12
A claim of priority pursuant to section 57 of the Trademarks Act must be included in the application for registration of the trademark in this country or submitted in writing to the Patent Office no later than two months after the filing date of the application. In the request reference shall be made to the international registration which has ceased.
Chapter 4
�Division of Applications
�
Section 13
The applicant may request in writing that the Patent Office should divide the application into two or more new applications. The request shall contain details as to which goods and respective classes of goods each of the new applications shall cover. The applicant shall state in the request which of the new applications shall be considered as a pursuance of the original application.
The request shall be accompanied by a new application fee for each new application which is not considered to be a pursuance of the original application.
TABLE OF CONTENTS
Chapter 1 Introduction Chapter 2 Filing National Trademark Applications, etc. Chapter 3 Priority, etc. Chapter 4 Division of Applications Chapter 5 Exceptions from Legal Protection Chapter 6 Oppositions Chapter 7 Alterations and Expunction from the Trademark Register Chapter 8 Applications for International Trademark Registration Chapter 9 Designation of Norway in International Trademark Registrations Chapter 10 Chapter 11 Miscellaneous Provisions
The provisions in these regulations with respect to trademarks apply also to collective marks where nothing to the contrary is stated or is evident from the context. The provisions with respect to goods applyalso to services where nothing to the contrary is stated or is evident from the context.
Application for registration of a trademark shall be filed in writing withe Norwegian Patent Office, cf. section 17, first paragraph , firs period, of the Trademarks Act.
The application shall be drawn up in the Norwegian language unless the Patent Office in individual cases accepts that the application is wholly or partly in another language. The Patent Office may require that appendices which are not in Norwegian be accompanied by a translation into Norwegian. Certification of the translation by a government-authorised translator or in some other manner acceptable to the Patent Office may be required.
The application shall be signed by the applicant or his representative and contain:
1) �a reproduction of the trademark;
2) �the applicant’s business name or name, and also the name of his representative, if any;
3) �a list of the goods and the respective classes of goods in respect of which registration of the mark is sought;
If the applicant wishes the mark to be perceived as a word mark in standard letters or as a three-dimensional mark (product get-up or the like), this must be stated in the application.
If the application concerns a letter mark, or number mark or a word mark of a characteristic shape or a device mark, illustrations of the mark shall be submitted as appendices to the application.
In an application for the registration of a collective mark, the provisions stipulated for the use of the mark must be enclosed as appendices.
Section 4 1
Section 5
Registration may not be applied for more than one trademark in one and the same application.
Section 6
The Patent Office shall allocate all applications filed, cf. section 17, second paragraph of the Trademarks Act, an application number.
1 Repealed by Royal Decree of December 20, 1996. Now see Regulations concerning Fees Payable to the Patent Office, section 1. Amendment in force from January 1, 1997.
Section 7 The Patent Office shall keep a journal of all applications filed. The journal shall be available to the public.
Section 8
The Patent Office may provide further provisions with respect to:
1) �classification of goods into classes of goods;
2) �the application and the information it shall contain;
3) �the obligation of the person acting as representative to enclose with the application confirmation of his representation of the applicant;
4) �other appendices which shall be enclosed with the application, and theinformation these appendices shall contain; and
5) �the journal of all applications filed.
Section 9
The provisions concerning exhibition priority in section 18,first paragraph of the Trademarks Act apply correspondingly in the case of international exhibitions held in a State which has acceded to the Paris Convention for the Protection of Industrial Property or the Agreement establishing the World Trade Organization.
The claim of exhibition priority from an international exhibition in this country or from an international exhibition as mentioned in the first paragraph, shall be included in the application for registration of a trademark, or shall be filed in writing with the Patent Office no later than within in two months after the filing date of the application. This claim shall be accompanied by information with respect to:
1) �the international exhibition at which the trademark was first used for the goods displayed; and
2) �the date of the opening of the exhibition and of the first display of the goods at the exhibition.
Anyone who wishes to claim exhibition priority shall file evidence of priority within two months after the claim thereof has been submitted to the Patent Office. Acceptable as evidence of priority is a statement from the management responsible for the exhibition to the effect that the exhibition is international, provided the statement also contains particulars with regard to the date of the opening of the exhibition and of the first display of the goods at the exhibition.
The applicant’s right to exhibition priority lapses if the conditions in the second and third paragraphs are not fulfilled.
Section 10
Application priority as mentioned in section 30, first paragraph , of the Trademarks Act, may be claimed pursuant to the Paris Convention, Article 4, on the basis of the first application for registration of the mark which is filed in a State party to the Paris Convention for the Protection of Industrial Property or the Convention establishing of the World Trade Organization, provided that an application for registration of the mark is filed in Norway within six months after the filing of the first application.
The claim of application priority shall be included in the application or filed in writing with the Patent Office no later than within two months after the application for registration of the trademark has been filed in Norway. The claim shall be accompanied by information with respect to If the application number referred to in item 3 is not known when the claim of application priority is filed, information with respect to the number must be submitted to the Patent Office as soon as the applicant becomes cognisant thereof.
Anyone claiming application priority shall file evidence of priority within two months after receiving a request therefor from the Patent Office. Acceptable as evidence of priority is a copy of the first application which has been filed in the State concerned, provided that the registration authorities in that State have furnished the copy with
1) �confirmation that the copy is in conformity with the application first filed in the state in question; and
2) �confirmation of the filing date of the application in the state concerned.
The applicant’s right to application priority lapses if the conditions in the second and third paragraphs are not fulfilled.
Section 11 2
On the conditions referred to in the Paris Convention, Article 6quinquies, the applicant may request that a trademark be registered in this country in the same manner as the mark has been registered in a foreign State party to the Paris Convention on the Protection of Industrial Property or the Agreement establishing the World Trade Organization (“telle-quelle” registration), cf. section 29 of the Trademarks Act. Requests for registration of this kind must be included in the application or submitted in writing to the Patent Office within two months after the application for registration of the trademark
2 The first period was amended by Royal Decree of December 20, 1996. Amendment in force from January 1, 1997.
has been filed with the Patent Office. Evidence of registration of the mark in the foreign State shall be enclosed with the request. Acceptable as evidence is a copy of the certificate of registration in the foreign state, provided that the correctness of the copy has been certified by the registration authorities of the State concerned.
Section 12
A claim of priority pursuant to section 57 of the Trademarks Act must be included in the application for registration of the trademark in this country or submitted in writing to the Patent Office no later than two months after the filing date of the application. In the request reference shall be made to the international registration which has ceased.
Chapter 4 Section 13
The applicant may request in writing that the Patent Office should divide the application into two or more new applications. The request shall contain details as to which goods and respective classes of goods each of the new applications shall cover. The applicant shall state in the request which of the new applications shall be considered as a pursuance of the original application.
The request shall be accompanied by a new application fee for each new application which is not considered to be a pursuance of the original application.
Chapter 1
�Introduction
�
Section 1
Chapter 2
�Filing National Trademark Application, etc.
�
Section 2
�
Section 3
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Chapter 3
�Priority, etc.
�
1) the State in which registration of the mark was first sought; 2) the filing date of the first application; and 3) the application number of this application, if known.
�Division of Applications
�