Trademarks
Why register a trademark ?
Both businesses and individuals can apply for trademark registration. When the trademark is registered, you get the exclusive right to use the trademark in relation to those goods and services for which the registration applies. The exclusive right applies to, for example; the use of the trademark on the actual goods, on business documents, in marketing and/or verbal communication. No one can use a trademark that can be mistaken for your trademark, when marketing or selling the same types of goods or services as those for which your trademark is registered.
What can you register as a trademark?
A trademark can consist of:
letters, numbers, words, names, slogans
logos, figures and images
packaging
sound, movement
combinations thereof
A trademark must have distinctiveness. This means that that customers must be able to distinguish your product from others. You can generally not register trademarks that only describe the product or service, because other businesses must be allowed to describe their product without infringing on the intellectual property rights of others.
For example, you will not be able to obtain exclusive rights to Bergen Frisør for hairdressing and styling services. The name merely indicates where the service is provided-Bergen-and the type of service involved-hairdressing services. If you want to use such a descriptive text in your trademark, you must add something else which is sufficiently distinctive in order for it to be possible to register it. This could for example be a figurative element or a logo design that is distinctive. It will be the combination of text and figure that will be protected, but not just the text.
How long is a trademark registration valid for?
A registered trademark is valid for ten years and can be renewed for ten years at a time. The trademark must be brought into use. If it has not been used within five years, the registration may be revoked for the goods or services for which the trademark has not been used. Revocation will only occur upon request by a third party.
Different symbols for trademarks
The symbol ® is used to denote registered trademarks
™ - Can be used on unregistered trademarks as a signal to the market that this is a trademark.
© - Is used to mark literary and artistic works as being protected by copyright.
Before applying
You should first consider whether your trademark is distinctive and check if others already have a right to the same or a similar trademark. You can do this on:
The Norwegian Industrial Property Office's trademark register.
namesearch.no website, where one search will reveal if domain name, business name and trademark is available.
If you need more information or have any questions, you can call their customer service centre or schedule a meeting with one of their case officers. The Norwegian Industrial Property Office (Patentstyret) also offers paid preliminary searches to check whether a trademark can be registered.
How do you apply to register a trademark?
You apply for trademark registration by submitting the application to the Norwegian Industrial Property Office (Patentstyret) via Altinn.
When you apply, you must choose the classes for which the trademark is to apply. In other words, you must decide within which product groups, or types of services, you want your trademark protection to apply.
International trademark registration
Trademark registrations only apply in the country in which the trademark is registered. If you use your trademark outside Norway, or produce goods in other countries, you should consider applying for protection in the countries concerned as well. You can register a trademark in several countries at the same time. If you have just applied for a trademark in Norway, you should file applications in other countries within six months. This allows you to claim the filing date of the Norwegian application as an advantage when applying abroad.
Appealing against other parties' trademarks
If someone has registered (or applied to register) a trademark which in your opinion is either identical to your trademark or sufficiently similar that it could be confused with your trademark, you can lodge an appeal. The Norwegian Industrial Property Office will be able to tell you about the relevant conditions, appeal deadlines and procedures.
The Norwegian Industrial Property Office offers various courses on how to protect your assets through patent, trademark- and design rights. Most of the courses are free, and many of them are streamed online. You can also watch videos and recordings of previous courses and webinars – completely free of charge.
Collective marks and guarantee or certification marks
Collective marks and certification or guarantee marks are signs used to indicate that goods or services originate from members of an association, or that they meet certain requirements or standards.
Responsibility marks
If you produce or sell goods made of gold, silver, or platinum with a stamped fineness mark (for example 'S925' for silver), you must also ensure that the item is stamped with a responsibility mark registered with the Norwegian Industrial Property Office.
What type of protection do you need?
Are you unsure whether you should register a trademark, design, or patent? The Norwegian Industrial Property Office has developed a test that helps you identify which assets may be important for your business to protect.