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Feb 02, 2014
Steinar Lie, Bryn Aarflot AS, Norway
Pål Tonna, Bryn Aarflot AS, Norway

Revocation of consent based on common EU/EEA rules


Steinar Lie, Bryn Aarflot AS, Norway, Pål Tonna, Bryn Aarflot AS, NorwayIn Norway, as in many other European countries, consent declarations are widely used and relied on in the world of trademarks.
As the Norwegian Industrial Property Office has always accepted broad identifications of goods and conducts ex officio examination in relation to prior conflicting trademarks, trademark applicants often find themselves in a position where earlier trademark registrations form only formal bars to use and registration of their mark. In cases where the cited registration covers, but cannot be enforced in relation to, identical or similar goods to those of primary interest to the applicant, the applicant’s only options are to cancel or invalidate the cited registration in regard to such conflicting goods or seek the trademark owner’s consent to register its mark in Norway.
Rather than stirring up conflict with the owner of the earlier mark, which may, for example, hold impregnable rights in other countries of interest to the applicant, the applicant will often  read more