Guide to Protect Trademark in Norway

Norway has a reputation as a country with a prosperous economy and the highest standard of living in the world. Thanks to possessing many outstanding advantages, the country has achieved impressive economic achievements, attracting interest and learning from many other countries. Norway is blessed with rich oil, gas, mineral and hydroelectric reserves. This is an important source of national income, accounting for a large proportion of GDP and contributing significantly to the state budget. Norway invests heavily in education with a high-quality school system, focusing on developing creative thinking, practical skills and adaptability for workers. This contributes to improving the competitiveness of human resources, promoting innovation and creativity in economic sectors. Norway possesses a stable, transparent and open investment environment, attracting domestic and foreign businesses. The Government applies policies to encourage start-ups, support innovation and create favorable conditions for business activities. Norway has an innovative corporate culture that encourages innovation and risk-taking. Norwegian businesses continuously invest in research and development, application of new technologies and the creation of innovative and highly competitive products and services in the international market. Therefore, more and more businesses are expanding their business scope in Norway, in order to be able to distinguish their brand from other competitors, businesses need to pay attention to the procedure for trademark registration. Viet An Law would like to guide customers preliminarily through the procedure for trademark registration in Norway through the article below.

Legal basis

• Law No. 8 of March 26, 2010 on Trademark Protection

General overview of trademarks in Norway

What is a “trademark”?

A trademark is a characteristic that distinguishes a brand from other brands. Trademarks can be logos, brand names, slogans, or sounds. When the applicant registers a trademark, the applicant will have the exclusive right to use it and prevent copying or imitation.

Difference between brand and trademark

Trademark: Basically just a characteristic of a product or service. It can be a word, symbol, image, sound, slogan or a combination thereof. Trademarks are developed, controlled by the company and may be subject to legal protection.

Brand: The sum of market impressions, feelings, and associations with a company or their product. Brands are built on many factors such as product quality, customer service, marketing strategy, price, etc. The value of the brand is largely determined by the customer.

Why is a trademark required?

By registering a trademark, the applicant acquires the exclusive right to use it. Therefore, no one has the right to use the applicant’s trademark in their marketing. This minimizes the risk of being copied and gives the claimant a stronger legal position in the event of a breach. Registered trademarks also support more effective branding, creating a competitive advantage.

Guide to Trademark Registration in Norway

Before starting trademark registration

To register a trademark of the applicant needs to meet certain requirements. Among other things, the applicant’s trademark must not coincide with another party’s registered trademark.

Some points to note:

• Type of registered trademark: The applicant needs to select the type of trademark they want to register, such as plain text (name, slogan) or logo/image. This type can affect whether the applicant’s trademark is accepted for registration, and also affect the scope of protection that the applicant receives. Applicants may choose to register various types of trademarks, but may only file one trademark per application.
• Availability check: The applicant should check whether the trademark the applicant wishes to register has been previously registered by another party. This avoids the time and expense of filing for an unqualified mark.

Selection of groups of goods and services intended for protection

When filing a trademark application, the applicant needs to select exactly what types of goods and services the applicant will use the trademark for. The exclusive rights received by the applicant apply only to selected products and services. To classify goods and services, one uses the International Nice Classification System. The system is divided into 45 groups:

• Group 1-34: For goods (products)
• Group 35-45: For translation

Declaration of profile information

The applicant shall declare the trademark registration dossier at the link below: https://idporten.difi.no/opensso/UI/Login?realm=/norge.no&spEntityID=oidc.difi.no&service=IDPortenLevel3List&goto=http://idporten.difi.no/opensso/SSORedirect/metaAlias/norge.no/idp5?ReqID%3D_a6863475ac3a647eca3bfbaf5414eb76%26index%3Dnull%26acsURL%3Dhttps://oidc.difi.no:443/idporten-oidc-provider/assertionconsumer%26spEntityID%3Doidc.difi.no%26binding%3Durn:oasis:names:tc:SAML:2.0:bindings:HTTP-POST

Norwegian Intellectual Property Office

It is recommended that the applicant use the following file formats:

• Text documents: .docx or .PDF
• Image: .jpg
• Lists: .xml

Check that the application has been initiated or submitted

After the applicant submits the application, any subsequent communication during the application processing between the applicant and the Norwegian Intellectual Property Office will take place electronically. The notice will be available in the “My Messages” section and the claimant’s mailbox in Altinn. The applicant’s receipt will also be available here.

Trademark registration fees in Norway

• Application Fee: This fee covers the basic processing of the applicant’s application. It may vary slightly depending on the source, but it is expected to be around NOK 3,800 (about EUR 400) for the first layer and NOK 1,000 (about EUR 100) for each additional layer.
• Disclosure fee: Once the applicant’s application is accepted for appraisal, the applicant’s trademark will be published in objection. This fee is also based on the number of layers. It is around NOK 750 (about EUR 80) for the first layer and NOK 180 (about EUR 20) for each additional layer.
• Registration fee: If the applicant’s trademark is approved, the applicant will need to pay a registration fee to ensure protection for 10 years. This fee also varies according to the number of layers, usually around NOK 4,760 (about EUR 500) for the first layer and NOK 1,180 (about EUR 120) for each additional layer.

Registration of trademark protection in Norway through the Madrid System

The Madrid system is a convenient and cost-effective solution for global trademark registration and management. File a single international trademark application and pay a one-time fee to apply for protection in up to 130 countries. Claimants can modify, renew or expand their global trademark portfolio through a centralized system.

Madrid Agreement:

• The Madrid Agreement allows trademark owners to register their trademarks in a single member state (“country of origin”) and then extend protection to other member states (“nominating countries”) through a single international application.

Madrid Protocol:

• Norway accessed the Madrid Protocol on 29 March 1996.
• The Madrid Protocol modernizes and simplifies the international registration system of trademarks established under the Madrid Agreement.
• The Madrid Protocol allows trademark owners to designate additional member states to an international application already filed under the Madrid Agreement or Madrid Protocol.

Trademark registration dossier under the Madrid System

The Madrid Singles include the Madrid Singles of Vietnamese origin and the Madrid Singles with Norwegian designations.

For the Madrid Application of Vietnamese origin, the applicant must submit through the state management agency for industrial property rights, i.e. the National Office of Intellectual Property of Vietnam. According to Article 25 of Decree 65/2023/ND-CP, a Madrid application of Vietnamese origin includes the following documents:

• Declaration of request for international registration of a trademark of Vietnamese origin (Form No. 01 in Vietnamese in Appendix II of Decree 65/2023/ND-CP);
• 02 MM2 declarations according to the form of the International Office in English or French;
• 02 trademark samples exactly as the trademark in the application filed in Vietnam (establishment application) or trademark registration certificate (establishment registration);
• 02 MM18 declarations in English (if the application has a US designation);
• Written authorization in Vietnamese (According to the form of Viet An Law Firm);
• Documents of payment of fees for international registration of trademarks of Vietnamese origin;
• Other relevant documents (if necessary).

Application fees through the Madrid System

The fees include:

• Basic fee (653 Swiss francs; or 903 Swiss francs for a color mark) (Note! A 90% discount applies if the applicant lodges an application with the Intellectual Property Office of a developing country at least); and

Additional fees depend on where the claimant wishes to protect his trademark and the number of groups of goods and services he or she wishes to register. In order to expand its geographic reach, or modify or renew its international registration, the applicant will have to pay additional fees.

If you need to file a trademark application, please contact Viet An Law Firm for the most effective support.