Nice classification, 10th edition

Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, colours, holograms, three-dimensional forms, the three-dimensional form of a good or its packaging as well as sound marks, motion marks and any combination of the mentioned signs. Olfactory marks, taste marks and feel marks are theoretically registrable as well, but no such application has been filed as of yet.
The following trademark types are registrable: trademarks, service marks, collective marks and trade names.

The application is filed at the Norwegian Industrial Property Office.
Multiple-class applications are possible.
Foreign applicants do not need a local agent.
Basically foreign applicants do need a domestic registration unless
- The applicant is domiciled in a Paris Convention member state
- The applicant is domiciled in a WTO Agreement member state
- The applicant is domiciled in a country which does not require for Norwegian applicant’s to submit proof of domestic registrations by the trademark filings in that country.
The NIPO may claim a domestic registration in very rare cases, but it does not perform an ex officio examination on this.

The application process includes a formal examination on absolute and relative grounds, i.e., an examination of distinctiveness and search for prior trademarks.
The processing time from first filing to registration or first office action is approx. 3 to 6 months.
After registration, the trademark is published in the weekly “Norsk Varemerketidende”.

National:
The opposition period is 3 months from publication of the trademark.

Opposition against designation of IR Mark
(The period starts from the national publication date, if not stated differently):
3 months

Trademark duration is 10 years from application date for applications filed on/after July 1st, 2010 and 10 years from registration date for applications filed before July 1st, 2010.

If the trademark has not been used within 5 years from registration or if the use has been interrupted for 5 consecutive years, it may be subject to cancellation. Resumed use of a trademark can restore protection if no party has requested cancellation due to non-use in the meantime.

The official fee is NOK 2,600.00 (approx. EUR 331.00) for up to three classes and NOK 650.00 (approx. EUR 82.00) for each additional class.

Trademark Licence Agreement
In Norway, a licence agreement may be entered into orally but this is not advisable. It is permitted to license unregistered marks. A licence contract may be restricted to only some of the goods and/or services covered by the trademark. The sale of a registered trademark does not automatically terminate the licence agreement. There are no statutory provisions which require specific terms to be incorporated into an agreement which grants a licence to use a trademark.

Recordal
Recordal of the licence with the Norwegian Industrial Property Office is voluntary. If the parties choose to record the agreement, the notification must be made on specific forms provided by the Industrial Property Office. The application form must be submitted in Norwegian. If the licence only extends to some of the rights the scope of the trademark this must be specified. The goods and services included in the licence must be sufficiently described in the recordal notice. Documents other than the application form may be in Norwegian, Swedish, Danish or English, but a translation into Norwegian may then be required. The Patent Office may require that translations be certified by an authorised translator. When a trademark application is pending, only the applicant or his representative may sign and file the request for a licence recordal. When a mark is registered, the holder, the licensee, or an attorney representing either of these parties may file and record the licence.

Effectiveness
The recordal in the Register becomes enforceable against third parties from the application date for entry of the registered user. Publication of the licence agreement is not required in order for the recordal to be deemed valid. There is no time frame for the recordal of a licence agreement.

Infringement Proceedings
There is an evidentiary presumption that use by a recorded licensee is permitted use. In principle, both the licensor and the licensee may institute legal proceedings for infringement of the trademark. The right of a licensee to institute legal action against trademark infringement may be restricted by the licence agreement.

Search type	First class	Add. class
Word Mark Search (availability)	220,00 €	50,00 €
Word Mark Search (identical)	60,00 €	20,00 €
Extended Search (word mark, company name, domain)	350,00 €	50,00 €
Device Mark Search (availability)	380,00 €	130,00 €
Trademark Owner Search	140,00 €
Company Name Search	150,00 €
Domain Name Search (extended)	72,00 €
i-Search (word mark availability + legal opinion)	450,00 €	100,00 €

The Prices above are S.M.D. Markeur Search Fees

Bouvet Island (BV)
Norwegian trademark registrations and International Registrations designating Norway do not cover Bouvet Island.

Svalbard and Jan Mayen (SJ)
Norwegian trademark registrations will automatically cover Svalbard and Jan Mayen, no further action is required. International Registrations designating Norway automatically cover Svalbard and Jan Mayen, no further action is required. The period of opposition against International Registrations designating Norway is 3 months from publication in the National Trademark Gazette “Norsk Varemerketidende.”