- Knowledge
Norway
Trademark opposition system
one
Norway
Trademark opposition acceptance agency
The trademark opposition in Norway mainly involves two key institutions:
1. The Norwegian Industrial Property Office (NIPO):As the competent authority, NIPO is responsible for accepting and formally reviewing trademark opposition applications, organizing exchanges of opinions between both parties, and making preliminary rulings in most cases.
2. The Norwegian Industrial Property Complaints Board (KFIR):If the objector or respondent is dissatisfied with the objection decision made by NIPO, they may file an appeal with KFIR. KFIR is an independent administrative appeals body responsible for reviewing NIPO decisions and making final administrative rulings.
objection to a trademark
two
Norway
Timing of Trademark Objection
There is a strict legal time limit for raising objections:
1. Announcement period:The trademark application that has been preliminarily reviewed and approved by NIPO will be published in the Norsk Varemerkestidende.
2. Objection Window:Any interested party (prior rights holder, consumer association, etc.) may submit a formal written objection to NIPO within 3 months from the date of the trademark announcement.
3. Deadline rigidity:This 3-month period is a non extendable statutory objection period. Objections submitted after the deadline will not be accepted by NIPO.
objection to a trademark
three
Norway
Basis for Trademark Objection Application
Objections must be based on legitimate reasons as stipulated in the Norwegian Industrial Property Law (Lov om Industrielle Rettigheter - å ndsverkloven), mainly including:
（1） Absolute Reason (Article 14):
1. The trademark lacks distinctiveness (descriptive, generic name, only representing product features, etc.).
2. A trademark is only composed of the shape generated by the nature of the goods themselves, the shape required to obtain technical effects, or the shape that gives substantial value to the goods.
3. Trademarks violate public order and good customs or are deceptive.
4. Trademarks include protected national emblems, international organization logos, official logos, etc. (unless authorized).
5. The trademark contains geographical indications that may mislead the public.
（2） Relative reasons (Article 15):
1. Prior trademark conflict:
There is a possibility of confusion (including association) with identical or similar trademarks registered or previously applied for in Norway on the same or similar goods/services.
Using a trademark (identical or similar) that enjoys reputation in Norway or the European Union (due to the EEA agreement) without justifiable reasons may unfairly exploit or damage the distinctiveness or reputation of the trademark.
2. Prior conflict of rights:
Infringement of prior * * copyright, industrial design rights, name rights, portrait rights, trade name rights (if the trade name is well-known in Norway) * * of others in Norway.
3. Proxy/representative registration:Unauthorized registration of the trademark of the principal or representative by the agent or representative.
4. Malicious application.
5. Unregistered well-known trademark:Unregistered trademarks (identical or similar goods/services) that comply with the Paris Convention and are well-known within Norway.
6. First use:Others have used unregistered trademarks in Norway in good faith and have gained a certain level of recognition, and the registration and use of new trademarks may cause confusion.
7. Geographical Indication/Name of Origin:Infringement of protected geographical indications or names of origin.
objection to a trademark
four
Norway
Trademark opposition process
1. Submit objection:The objector (or agent) shall submit a formal written objection to NIPO within the 3-month objection period, specifying the opposed trademark, the reasons for the objection (indicating legal basis), the identity and interests of the objector, and attaching supporting evidence (such as registration certificate, proof of use, evidence of fame, proof of prior rights, etc.). Official objection fee must be paid.
2. Formal review:NIPO reviews whether the objection letter meets the formal requirements (time limit, cost, basic elements).
3. Notify the objector:NIPO will deliver a copy of the objection letter and evidence to the applicant of the opposed trademark.
4. Respondent's defense:The objector usually submits a written defense and rebuttal evidence within 2 months after receiving the notice. An extension (usually 1-2 months) can be applied for and approved at NIPO's discretion.
5. Comments from dissenters (optional):NIPO usually forwards the defense materials to the objector, who can submit comments or supplementary evidence within a specified period (usually one month).
6. NIPO review and preliminary decision:NIPO conducts substantive review based on the materials submitted by both parties and legal regulations. In most cases, NIPO will make a preliminary decision, outlining the case situation and possible ruling tendencies.
7. Final opinion/settlement (cooling off period):Before NIPO makes a final decision, a deadline (usually 2 months) is usually set for both parties to:
Express final opinions on preliminary decisions.
Attempt to reconcile or negotiate (such as trademark coexistence agreements, restrictions on the scope of goods/services, withdrawal of objections, etc.). Norway encourages the resolution of disputes through negotiation.
8. NIPO Final Ruling:If the two parties fail to reach a settlement, NIPO will make a final ruling based on all materials:
9. Objection established:Reject all or part of the registration application for the opposed trademark (which may limit the scope of goods/services).
Objection not established: Approve the registration of the objected trademark.
Delivery ruling: NIPO will deliver a written ruling to both parties.
10. Appeal (to KFIR):Either party dissatisfied with the NIPO ruling may file an appeal with the Norwegian Industrial Property Appeal Board (KFIR) within 2 months of receiving the ruling. KFIR will conduct a review and make a new ruling (which may uphold, alter, or revoke the NIPO ruling). KFIR's ruling is usually the final decision of administrative procedures.
11. Judicial Litigation:If you are still dissatisfied with the KFIR ruling, you may file an administrative lawsuit with the Oslo District Court (Oslo tingrett) within 2 months after receiving the ruling. The court ruling can be appealed to the Court of Appeal (Lagmannsvett) and the Supreme Court (H ø yesterett).
objection to a trademark
five
Norway
Trademark opposition period
The duration of the objection procedure depends on the complexity of the case, the efficiency of the materials submitted by both parties, whether to apply for an extension, whether to enter the appeal/litigation stage, and the official workload:
1. NIPO stage (objections submitted to NIPO final decision):
If both parties cooperate actively and there is no delay: usually it takes 12-18 months.
Involving complex legal issues or a large amount of evidence, multiple delays, settlement negotiations: may be extended to 24 months or longer.
2. KFIR appeal stage:Appealing to KFIR usually takes 6-12 months or longer.
3. Judicial litigation stage:The litigation process (especially up to the appeal stage) can significantly prolong the overall cycle and may take several years.
4. The impact of reconciliation:If both parties successfully reach a settlement during the process (especially during the 'cooling off period'), the procedure can be terminated early, greatly shortening the cycle.
Important Notice:
Professional agent:The Norwegian trademark law system is complex and the procedures are rigorous, especially when it comes to KFIR appeals and litigation. It is strongly recommended to entrust a local lawyer or trademark agent familiar with Norwegian intellectual property laws and practices to handle opposition matters.
Language requirements:All documents submitted to NIPO and KFIR (objections, pleadings, evidence, etc.) must be in Norwegian (Bokm å l or Nynorsk). Non Norwegian evidence requires a certified translation.
Evidence is crucial:Clear, strong, and well-organized evidence is the foundation for successful dissent, especially in proving the possibility of confusion, visibility, or malice.
Monitoring and timeliness:Closely monitoring the Norwegian Trademark Gazette is key to identifying potential conflicting trademarks. It is essential to strictly adhere to the 3-month objection deadline.
Reconciliation is an effective way:Actively seeking commercial solutions (such as coexistence agreements) through the "cooling off period" in the NIPO program is often more efficient and cost-effective than lengthy legal procedures.
Norway
Trademark opposition system
one
Norway
Trademark opposition acceptance agency
The trademark opposition in Norway mainly involves two key institutions:
1. The Norwegian Industrial Property Office (NIPO):As the competent authority, NIPO is responsible for accepting and formally reviewing trademark opposition applications, organizing exchanges of opinions between both parties, and making preliminary rulings in most cases.
2. The Norwegian Industrial Property Complaints Board (KFIR):If the objector or respondent is dissatisfied with the objection decision made by NIPO, they may file an appeal with KFIR. KFIR is an independent administrative appeals body responsible for reviewing NIPO decisions and making final administrative rulings.
objection to a trademark
two
Norway
Timing of Trademark Objection
There is a strict legal time limit for raising objections:
1. Announcement period:The trademark application that has been preliminarily reviewed and approved by NIPO will be published in the Norsk Varemerkestidende.
2. Objection Window:Any interested party (prior rights holder, consumer association, etc.) may submit a formal written objection to NIPO within 3 months from the date of the trademark announcement.
3. Deadline rigidity:This 3-month period is a non extendable statutory objection period. Objections submitted after the deadline will not be accepted by NIPO.
objection to a trademark
three
Norway
Basis for Trademark Objection Application
Objections must be based on legitimate reasons as stipulated in the Norwegian Industrial Property Law (Lov om Industrielle Rettigheter - å ndsverkloven), mainly including:
（1） Absolute Reason (Article 14):
1. The trademark lacks distinctiveness (descriptive, generic name, only representing product features, etc.).
2. A trademark is only composed of the shape generated by the nature of the goods themselves, the shape required to obtain technical effects, or the shape that gives substantial value to the goods.
3. Trademarks violate public order and good customs or are deceptive.
4. Trademarks include protected national emblems, international organization logos, official logos, etc. (unless authorized).
5. The trademark contains geographical indications that may mislead the public.
（2） Relative reasons (Article 15):
1. Prior trademark conflict:
There is a possibility of confusion (including association) with identical or similar trademarks registered or previously applied for in Norway on the same or similar goods/services.
Using a trademark (identical or similar) that enjoys reputation in Norway or the European Union (due to the EEA agreement) without justifiable reasons may unfairly exploit or damage the distinctiveness or reputation of the trademark.
2. Prior conflict of rights:
Infringement of prior * * copyright, industrial design rights, name rights, portrait rights, trade name rights (if the trade name is well-known in Norway) * * of others in Norway.
3. Proxy/representative registration:Unauthorized registration of the trademark of the principal or representative by the agent or representative.
4. Malicious application.
5. Unregistered well-known trademark:Unregistered trademarks (identical or similar goods/services) that comply with the Paris Convention and are well-known within Norway.
6. First use:Others have used unregistered trademarks in Norway in good faith and have gained a certain level of recognition, and the registration and use of new trademarks may cause confusion.
7. Geographical Indication/Name of Origin:Infringement of protected geographical indications or names of origin.
objection to a trademark
four
Norway
Trademark opposition process
1. Submit objection:The objector (or agent) shall submit a formal written objection to NIPO within the 3-month objection period, specifying the opposed trademark, the reasons for the objection (indicating legal basis), the identity and interests of the objector, and attaching supporting evidence (such as registration certificate, proof of use, evidence of fame, proof of prior rights, etc.). Official objection fee must be paid.
2. Formal review:NIPO reviews whether the objection letter meets the formal requirements (time limit, cost, basic elements).
3. Notify the objector:NIPO will deliver a copy of the objection letter and evidence to the applicant of the opposed trademark.
4. Respondent's defense:The objector usually submits a written defense and rebuttal evidence within 2 months after receiving the notice. An extension (usually 1-2 months) can be applied for and approved at NIPO's discretion.
5. Comments from dissenters (optional):NIPO usually forwards the defense materials to the objector, who can submit comments or supplementary evidence within a specified period (usually one month).
6. NIPO review and preliminary decision:NIPO conducts substantive review based on the materials submitted by both parties and legal regulations. In most cases, NIPO will make a preliminary decision, outlining the case situation and possible ruling tendencies.
7. Final opinion/settlement (cooling off period):Before NIPO makes a final decision, a deadline (usually 2 months) is usually set for both parties to:
Express final opinions on preliminary decisions.
Attempt to reconcile or negotiate (such as trademark coexistence agreements, restrictions on the scope of goods/services, withdrawal of objections, etc.). Norway encourages the resolution of disputes through negotiation.
8. NIPO Final Ruling:If the two parties fail to reach a settlement, NIPO will make a final ruling based on all materials:
9. Objection established:Reject all or part of the registration application for the opposed trademark (which may limit the scope of goods/services).
Objection not established: Approve the registration of the objected trademark.
Delivery ruling: NIPO will deliver a written ruling to both parties.
10. Appeal (to KFIR):Either party dissatisfied with the NIPO ruling may file an appeal with the Norwegian Industrial Property Appeal Board (KFIR) within 2 months of receiving the ruling. KFIR will conduct a review and make a new ruling (which may uphold, alter, or revoke the NIPO ruling). KFIR's ruling is usually the final decision of administrative procedures.
11. Judicial Litigation:If you are still dissatisfied with the KFIR ruling, you may file an administrative lawsuit with the Oslo District Court (Oslo tingrett) within 2 months after receiving the ruling. The court ruling can be appealed to the Court of Appeal (Lagmannsvett) and the Supreme Court (H ø yesterett).
objection to a trademark
five
Norway
Trademark opposition period
The duration of the objection procedure depends on the complexity of the case, the efficiency of the materials submitted by both parties, whether to apply for an extension, whether to enter the appeal/litigation stage, and the official workload:
1. NIPO stage (objections submitted to NIPO final decision):
If both parties cooperate actively and there is no delay: usually it takes 12-18 months.
Involving complex legal issues or a large amount of evidence, multiple delays, settlement negotiations: may be extended to 24 months or longer.
2. KFIR appeal stage:Appealing to KFIR usually takes 6-12 months or longer.
3. Judicial litigation stage:The litigation process (especially up to the appeal stage) can significantly prolong the overall cycle and may take several years.
4. The impact of reconciliation:If both parties successfully reach a settlement during the process (especially during the 'cooling off period'), the procedure can be terminated early, greatly shortening the cycle.
Important Notice:
Professional agent:The Norwegian trademark law system is complex and the procedures are rigorous, especially when it comes to KFIR appeals and litigation. It is strongly recommended to entrust a local lawyer or trademark agent familiar with Norwegian intellectual property laws and practices to handle opposition matters.
Language requirements:All documents submitted to NIPO and KFIR (objections, pleadings, evidence, etc.) must be in Norwegian (Bokm å l or Nynorsk). Non Norwegian evidence requires a certified translation.
Evidence is crucial:Clear, strong, and well-organized evidence is the foundation for successful dissent, especially in proving the possibility of confusion, visibility, or malice.
Monitoring and timeliness:Closely monitoring the Norwegian Trademark Gazette is key to identifying potential conflicting trademarks. It is essential to strictly adhere to the 3-month objection deadline.
Reconciliation is an effective way:Actively seeking commercial solutions (such as coexistence agreements) through the "cooling off period" in the NIPO program is often more efficient and cost-effective than lengthy legal procedures.
