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Law of the Protection of the trademarks (trademark law) |
| Date | LO-2010-03-26-8 |
| Ministry of | The Justis and the Department of Emergency |
| Last modified | LAW-2015 -06-19-65 from 01.10.2015 |
| Published | In 2010 booklet 4 |
| Istrontrecation | 01.07.2010 |
| Changing | LOL-1961-03--03-4 , LOL-1961-03--03-5 |
| Announcement | 26.03.2010 at 15.30 |
| Card title | The brand law vml. |
Jf. former law 3 March 1961 # 4 about trademarks and law 3 March 1961 # 5 about co-brands. Jf. EES deal Attachment XVII # 9 h (dir 2008/95).
Anyone can achieve the energy to use a trademark as characteristic of goods or services in nutritional business by the provisions of this Act (trademark).
An association or other unideduction can achieve the energy of their members to use a joint trademark of goods or services in the business of collective business (collective brand). Authority, foundation, company or other convergence that determines norms for or leads other control with goods or services, can achieve energy use a trademark of such goods or services that the norms or control applies (warranty or check mark). Trademarks as mentioned in the clause here are called co-brands.
Whoever uses his own name or protected business names as characteristic of its goods or services, has protection by the rules of the law here against others ' injustices of the name as trademark within the same geographical area.
A trademark can consist of any kind of character that is suitable to distinguish an enterprise goods or services from others, such as word and word connections, herunder slogans, names, numbers, figures, and defuntions, or a commodity form, equipment or packaging.
It cannot be achieved the trademark of characters that exclusively consists of a form that follows by the commodity species, is necessary to achieve a technical result or cause the commodity a significant value.
Part Article SECTION 3. The path of the brand nameThe commodity brand can be achieved for the entire realm of registration in the trademark region after the provisions of Chapter 2.
The commodity brand can also be achieved for the entire realm of international registration following the provisions of Chapter 10.
The commodity brand is achieved without registration when the brand is inworked. A trademark is considered to be worked when and as long as it in the restatement of the restatement here in the realm of such goods or services it applies, is well known as someone's shonest characteristic. The prevalence of prevalence only in part of the realm applies to the energy only for this area.
The commodity court implies that no one without the consent of the holder of the trademark court (the brand) in the nutritional business can use :
| a) | characters that are identical to the trademark of such goods or services that the trademark is protected for |
| b) | characters identical to or resemble the trademark of goods or services of the same or similar kind, provided there is risk of foreswitching, for example, that the use of the character can give the impression that there is a connection between the character and The trademark. |
For a trademark familiar here in the realm, the trademark court implies that no one without consent from the brand name can use a character that is identical to or resembles the trademark of goods or services of the same or other kind, if the use would cause a unreasonable exploitation of or damage to the well-known trademark's distinctive or stature (goodwill).
As use is considered among other things :
| a) | to put the brand on goods or their packaging |
| b) | offering goods for sale or otherwise bring them to the market, store, or deliver them under the sign, or to offer or provide services under the sign |
| c) | to impose or carry out goods with the brand on |
| d) | to use the sign of business papers and in advertising. |
Also oral use of the character is considered use.
Part Article SECTION 5. The Restriction of the trademarkThe commodity brand achieved by registration does not include such a part of a trademark that it would not be allowed to register specifically.
The commodity court is not to obstacle that anyone in accordance with good business custom uses :
| a) | its name, its enterprise name or his address |
| b) | angiditions regarding commodity or service species, taxation, quantity, purpose, value, geographical origin, the timing of the commodity's representation or for achievement of the service or other properties of the commodity or service |
| c) | The trademark, when this is necessary to indicate the purpose of a commodity or service, for example, when the brand indicates that commodity purpose is like accessories or spare part. |
Energy to a geographical origin designation achieved by registration as co-brand is not an obstacle to others using the term when the use occurs in accordance with good business custom.
The commodity court is not an obstacle to the use of the trademark of goods that of the holder or with dennes consent has been brought in revenue within the European Economic Area (EPS) under the trademark.
The first clause does not apply if the holder has reasonable reason to oppose continued inflow of the goods, for example if the conditions of goods have been changed or encircled after they were brought in revenue.
Part Article SECTION 7. The rank of collision between rightsMake more each of them requirements on the energy of identical or similar trademarks, jf. Section 4, it has precedence that has the oldest legal basis for its claim, unless otherwise follows the provisions of Section 8.
Part Article SECTION 8. Effects of passivityThe court of a registered trademark shall consist next to an older characteristic court, if the holder of the elderly court has known to and has been able to find that younger trademark after registration day has been used here in the realm for five years in context, and the application for registration of the younger brand was filed in good faith. If the younger trademark has been used only for any of the goods or services it has been registered for, the court should consist only for these goods or services.
The court of an inwork trademark shall consist next to an older characteristic if the holder of the older court not within reasonable time has taken steps to prevent the use of the younger trademark. The holder of an older right to a trademark that is well-known, jf. Section 4 other clauses, is considered to have acted within reasonable time when the person takes steps to prevent the use within five years after the person received knowledge of the use.
In cases mentioned in Section 8 and Section 35 other clauses, the holder of the younger court may not oppose the use of the older characteristic, although the holder of the older court can no longer make its right current against the use of the younger The trademark.
In cases mentioned in Section 8 other joints, the court can, whether it finds it reasonable, by judgment that the one or both characteristic of the future must only be used in a specific way, as in a specific design or with a clear-changing addition as for For example, the holder's name or a site's name, or only must be used for specific goods or services or within a specific area.
Other clauses apply to the equivalent of cases where the same or similar trademarks are reworked for different inports in different parts of the realm.
Part Article SECTION 10. Villeading trademarks mv.If a trademark is misleading, or by the brand name or someone else with the brand's consent is applied in a way that is suitable to mislead, the court could by judgment ban the use of trademark or such forms of use that are deemed misleading, as well as provide other orders that are deemed necessary.
Search targets after the first clause can be raised by the Patent Board and any person who has legal interest in it.
By publication of the encyclopedia, manual, textbook or similar writing of skilled content has the font's author, master editor, publisher and publisher duty, after claims from the holder of a registered trademark, making sure that the brand is not rendered without it at the same time stated that it is protected by registration.
If a requirement for the first clause that has been presented in reasonable time will not be requested, it may be required that the claim was directed to, shall cost a correction public on the way and in the scope that exists affordable.
Requirement after first clause is always considered if the trademark is rendered together with the symbol ® in a clear way.
Sikad about the registration of a trademark is provided in writing to the Patent Board.
The application should specify :
| a) | the applicant's name and address |
| b) | a rendering of the brand |
| c) | a list of the goods or services that the brand is being searched for. |
Moreover, an application for registration of a co-brand shall contain the provisions determined for the use of the brand.
The application shall in addition meet the requirements determined by the King in regulation. It shall be paid due fee.
In a trademark that has been filed, it can be made immaterial changes that do not affect the health impression of the brand.
The list of goods or services that marked the search for can be restricted.
Part Article SECTION 14. Almemorial registration termsA trademark to be registered must consist of a character that can be protected after Section 2 and which can be rendered graphic. It must have distinctive as the characteristic of such goods or services as it applies.
A trademark cannot be registered if it exclusively, or only with immaterial changes or additions, consists of characters or angiderings as :
| a) | indicates the commodity's or service species, tax-and quantity, purpose, value or geographical origin, the time of representation of the commodity or performance of the service, or other properties of the commodity or service, or |
| b) | in general language use or by loyal and established business custom-term customary designation for the commodity or service. |
The terms of the first and second clause must be met both on the application day and registration day. Upon assessment after the first clause, the second period and other clause shall be taken into consideration of all circumstances that preceded by the application day, and especially to the effects of the use of the trademark before this point.
A sign that in nutritional business is used to indicate the geographical origin of a commodity or service, can without obstacle of other clause letter a captured as the co-brand.
| 0 | Modified by law 31 May 2013 # 25 (ikr. 1 July 2013 ifg. res. 31 May 2013 # 543). |
A trademark cannot be registered if it :
| a) | violates law, public order or morality, |
| b) | is suitable to mislead, for example, with respect to the commodity or service species, taxable or geographical origin, or |
| c) | without permission contains a weapon or other characters that are reauthored by the Criminal Code Section 165 letter b and Section 166, a state flag, or something that is suitable to be perceived as such characters or flags. |
For wine and liquor, it also cannot be registered trademark consisting of or contains something that is suitable to be perceived as a geographical origin designation for wine or liquor, unless the commodity has the geographical origin designation outpoints.
| 0 | Modified by law 19 June 2015 # 65 (ikr. 1 oct 2015). |
A trademark cannot be registered without the consent of the person rights holder if :
| a) | The use of the brand would violate someone else's right here in the realm of a trademark or enterprise name or other business character, |
| b) | The brand is suitable to be confused with a trademark, enterprise name or other business characteristic that another has applied as the characteristic of goods or services before the applicant and still uses, and the applicant knew of the use when the application of registration was filed, so that the provision must be deemed to have occurred in violation of good business custom, |
| c) | The brand contains something that is suitable for perceived as someone else's name, artist name or portrait, unless it obviously is charged to a long-time deceased person, |
| d) | The brand contains something that is suitable to be perceived as the distinctive title of someone else's protected intellectual property, or violate someone else's right here in the realm of an intellectual property or a photographic image or a design, or |
| e) | marked the violation of someone else's right here in the realm of a designation that is protected in regulation by law 17. June 1932 # 6 about quality control with agricultural m.v. or law 19. December 2003 # 124 on food production and food safety mv. |
Contains a trademark part that cannot be registered specifically, the Patent Board can avoid uncertainty about the brand's scope, set as terms for registration that it at an exception of the state is indicated that this position is not retaken by the The protection registration provides. The relationship that the exception of the exception has not been made does not have meaning for the trademark scope of the brand.
Whether it later turns out that the stand of the brand that has been excluding from the protection will be able to be registered in particular, the brand name in a new application may require registration of the part or of the brand in its entirety without the exception of the exception.
Trademarks are registered for specific goods or services within specific commodity or service classes. The share in commodity and service classes is determined by the King.
The one that has filed an application for registration of a trademark in a foreign state attributed to the PariConvention 20. March 1883 on the protection of industrial property rights or the WTO agreement 15. April 1994 about the creation of the World Trade Organization, and which within six months after this seeks to register the trademark here in the realm, may require the new application to be deemed to be delivered at the same time as the first application.
The first one has used a trademark of a commodity in connection with a screening of an international exhibition as mentioned in the Convention 22. November 1928 about international exhibits and, which within six months after this apply for the registration of the trademark here in the realm, may require the application be deemed to be filed on the day of the trademark for the first time shown at the exhibition.
The king may in regulation determine closer terms for the right to demand priority. The king can also determine that priority can be required in other cases than mentioned in the first and other clause.
The Patent Board shall note that the application meets the requirements in Section 12 to 15, that any claims for the exception of the exception are migrants and that there are no registered trademarks or applications of registration that are to the application of the application to follow.
The Patent Board does not examine any particular whether or not there are other registration obstacles mentioned in Section 16. If the Patent Board nonetheless becomes aware of such obstacles, the application shall be tried against them.
The person who allowance to have the right to a trademark in an application has been filed by someone else may require the Patent Board to transfer the application. The person is due to then pay new applications adsasavi.
Is there any doubt about the rights relationship, the Patent Board may encourage the person requiring the application to travel the lawsuit within a deadline that the Patent Board determines. Reises not lawsuits by the deadline, the Patent Board can look away from the claim. The person who requires transfer should be made aware of this.
In case of the transfer of the Patent Board, the application cannot be changed, enplaced, unlocks, or grant before the question of transfer is finally settled.
Are there raised lawsuits about the right to the trademark, the Patent Board shall suspend the handling of the case of registration or transfer until the lawsuit is judicial-determined.
The Patent Board shall give message of decision in the transfer case to the applicant and the person who has required the application transferred to it. Finally, the decision that the application is transferred shall be introduced in the trademark region and the announcement.
If the application meets the terms of Section 20, the trademark shall be registered and registration letters are sent to the applicant. The registration shall be announced.
When a co-brand is registered, the provisions set out for the use of the brand are registered and announced. The regulations later significantly changed, the modified text shall immediately be reported to the Patent Board of Registration and Announcement.
If the application does not meet the terms of Section 20, the Patent Board shall provide the applicant's message on this and inform the effects of the effects the diversity can get. The seeker shall be given a reasonable due date for statement and about possible correction of the diversity.
Whether the diversity is fixed within the deadline that the Patent Board sets, the application should be counted as filed on the day when it came in to the Patent Board. The application still does not count as filed prior to the rendering of the trademark and the list of the goods or services marked to be registered for, has entered to the Patent Board.
If the applicant has not stated or corrected the diversity of the deadline, the application shall be addressed.
The treatment of a filed application shall be resumed if the applicant speaks or correces the diversity within two months after the expiration of the deadline. It shall be paid due fee. The treatment of an application can only be resumed once.
If the application has lacks that is not fixed after Section 23, the application is denied, unless the Patent Board finds that the applicant should be given a new due date for correction.
Any one can from and with the application day require visibility in the application of attachments and all documents in the case, if nothing else is determined in other and third joints.
The details of business secrets can be exemptly from public if the applicant requires it. When such claims are filed, the information will not be public until the requirement is finally declined. Information that has meaning for whether the trademark can be registered or for the trademark scope cannot be exempted from public. Decisions for the use of co-brand can also not be exempted from public. Offentleglova Section 12 applies to the equivalent.
Documents that the Patent Board have worked out for their own internal case preparation can be exempting from public.
When the registration of a trademark is announced, any forward can be conveyed against the registration. An indecision shall be placed in writing and must be entered to the Patent Board within three months from the announcement day.
The signing shall contain :
| a) | the speaker's name and address |
| b) | The indication of which registration is applicable |
| c) | the reasons the introsification builds on |
| d) | necessary documentation of conditions that are invoked to support for the signance. |
The signing shall in addition meet the requirements determined by the King in regulation.
Once an incomes to the Patent Board, this is to be introduced in the trademark region and the announcement.
If the insigent does not meet the terms of Section 26, the Patent Board shall provide a reasonable due date for statement and about possible correction of the diversity. The diversity of the diversity of the deadline shall be dismissed, unless the Patent Board finds that it should be given a new due date for correction.
The brand is due to promptly be given the message of the signing and the occasion to comment.
Is it filed two or more objections to the same registration, the Patent Board can merge the cases together to one case if it does not provide a mainly due objection against this.
The Patent Board can only take into account conditions that are affected in the insigent. Is an indecision withdrawn, the Patent Board may continue the signing of the signing treatment if candid reasons speak for it.
If an ensiger requires the registration of the trademark transfer to it, the Patent Board shall transfer registration if the court to the trademark will be made amends. The person is due to then pay new applications adsasavi. Section 21 other to the fifth clause applies to the equivalent.
The Patent Board shall undo the registration of a trademark hero or partly if it has been done in violation of Section 14 to 16 and the registration obstacle still has been revealed. The registration of a co-brand shall also be repeated if the application did not contain regulations on the use of the brand and the lack was not fixed during the application processing.
If there is no obstacle for the registration to be maintained, the entry shall be rejected.
The brand and the insigent shall be given message of the Patent Board's decision in the case. When the case is finally settled, the outcome shall be introduced in the trademark region and the announcement.
If it after an application for registration of a trademark is accommodate, it turns out that a second application for Section 19 shall be deemed filed before the first mentioned application, and the Patent Board assumes that the second application entirely or partially would have outdone The registration hurdle for the first mentioned application, the Patent Board shall provide the brand's message on this and the occasion to comment within a reasonable deadline. The application with the best priority accommodate room shall the Patent Board after the expiration of the mentioned deadline repeating the first registration in the extent that the best priority application is to the obstacle for registration to be standing.
The first clause applies to the equivalent if the Patent Board assumes an older application to resume after Section 23 fourth clause or taken during treatment after Section 80, would have outperformed the registration hurdle for a younger application that has already been accommodate.
Moreover, the first clause is applicable if the Patent Board is notified that an international trademark registration should have effect in Norway after Section 70 and assumes that the international registration would have outdone the registration hurdle for a meeting room The application deemed to be filed on a later day than the international registration shall have effect here in the realm from, jf. SECTION 72.
Final decision in cases after the paragrafen here is to be introduced into the trademark region and the announcement.
Anyone can claim visibility into the documents in cases of indisclosure and uptake. The provisions of Section 25 different and third joints apply accordingly.
Part ArticleThe commodity registration is applicable to ten years from the application day. The registration can then be renewed for ten years at a time. Each period runs from the exit of the previous period.
Part Article SECTION 33. Renewal of the registrationDemand for renewal is provided in writing to the Patent Board at the earliest one year before and the latest six months after the registration material's expiry. It shall be paid due fee. The claim of renewal has been filed after the expiration of the registration period, it shall be paid an additional savi.
The payment of the renewal tax with the indication of the trademark registration number within the first clause shall be deemed as a requirement for renewal.
The renewal of a registration shall be introduced in the trademark region and the announcement.
The brand name may require the Patent Board to make changes to a registered trademark if the changes are immaterial and do not affect the health impression of the brand. It shall be paid due fee.
A change of a registered brand shall be introduced in the trademark region and the announcement. New registration letter should be sent to the brand name.
A recording of a trademark shall be completely or partially set aside as invalid on judgment or by decision by the Patent Board (administrative trial) after Section 38 to 40 if registration has been occurred in violation of Section 14 to 16 and cannot pass by Section 8 first clause. The registration of a co-brand shall be set aside as invalid if the application did not contain regulations on the use of the brand and the lack was not fixed during the application processing.
The registration shall still not be set aside as invalid for the reason that the use of the trademark would violate the court to a registered trademark, if the terms of Section 37 to delete the registration of this brand for the goods or services it applies, are met. Also, a registration should not be set aside as invalid for the reason that the use of the brand would violate the court of a reworked trademark, whose work of insistence only has been within a smaller part of the realm.
A recording of a trademark should completely or partially be deleted at judgment or by administrative trial after the provisions of Section 38 to 40 if :
| a) | The brand has become combatants against public order or morality, |
| b) | the brand, as a result of the brand's actions or passivity, has become the common term within the industry for such goods or services that it has been registered for, |
| c) | marked, as a result of the use of the brand holder or someone with his consent has made of it for such goods or services that it has been registered for has been suitable to mislead, especially with respect to the commodity or service of the service, or service species, or geographical origin, or |
| d) | changes to the provisions of the use of co-brand are not reported as the bidding in Section 22 differently clause, or co-brand has been used in violation of the provided regulations without the branding of the brand within reasonable time have taken steps to prevent such use. |
A recording of a trademark should completely or partially be deleted at the verdict or by administrative trial after Section 38 to 40 if the brand does not within five years from the day when final decision whether registration of the brand was hit, has taken the mark in real use here in the realm of goods or services it has been registered for, or whose use has been cancelled for five years in context. The registration shall still not be deleted if there is a reasonable reason for the avoidance or interruption.
As the use of the trademark after the first clause also counts the use of the brand in a shape that only differs from the form it is recorded in by single-name that does not change its distinctive, and the anemment of the brand here in the realm of goods or their packaging for export. As the brand's use also counts for use as another does with the consent of the brand name.
A registration should not be deleted if the use of the trademark is launched or resumed after the expiration of the five-year period, but before it is erected lawsuits or profiled claims of administrative overtrial for registration to get the registration. It shall still not be taken into account for use in the past three months prior to lawsuits raised or claims of administrative overtrial, if preparation for the use has been initiated first after the brand's knowledge that lawsuits may be erected or claim of overtrial protested.
Part Article SECTION 38. Partial invalidity and deletionIf a basis for invalidity or deletion after Section 35 to 37 only applies to some of the goods or services the trademark is registered for, registration shall be set aside as invalid or deleted with effect only for these goods or services.
Part Article SECTION 39. The case of case association mv.Search targets or claims of administrative overtrial that builds on Section 35 to 37 can be raised or protested by any person who has legal interest in the case. The requirement of administrative overtrial can also be set by the marker holder. Search targets that build on Section 14, 15 or 36 can also be raised by the Patent Board.
The requirement of administrative overtrial after Section 35 to 37 can be set when the signing deadline has expired and any insignating matters are finally settled. The requirement shall be delivered in writing to the Patent Board and contain :
| a) | the name and address of the person who has filed the claim |
| b) | The indication of which trademark registration requirement applies |
| c) | the reasons the claim builds on |
| d) | necessary documentation of conditions that invoke support for the requirement. |
The requirement shall in addition fulfill those terms determined by the King in regulation. It shall be paid due fee.
If the requirement does not meet the terms of the first clause and Section 39, the Patent Board shall provide a reasonable due date for statement and about possible correction of the diversity. The shortcomings are not fixed within the expiration of the deadline, the requirement shall be dismissed unless the Patent Board finds that it should be given a new due date for correction. The Patent Board may also reject the claim if the case is not suitable for the decision by the Patent Board, especially because the actual conditions are disputed or little enlightened.
Is the claim promoted by others than the holder of the registration, the Patent Board shall immediately provide this message about the requirement with a reasonable deadline for the statement. Whoever requires administrative overtrial, shall give message of this in recommanded letters to all the licences registered in the trademark region with address. Documentary not that it is given such message, the Patent Board may determine a due date to give message. The oversit deadline, the requirement shall be dismissed.
Is it filed two or more demands for the overtrial of the same trademark registration, the Patent Board can unite the cases if it does not provide a mainly due objection against this.
The Patent Board can only take into account conditions that are affected in the claim.
The requirement of administrative overtrial can not be conveyed as long as a lawsuit for invalidity or deletion is not judicial-made. If there is a lawsuit filed for invalidity or deletion before it is finally hit decision in case of administrative overtrial, the Patent Board shall halt the treatment until the lawsuit is judicial determined if the claim of administrative overtrial is protested by others than the brand name.
Whoever has protested the claims of administrative overtrial, cannot travel lawsuits for invalidity or deletion while the case is ongoing with the Patent Board.
The requirement of administrative overtrial cannot be conveyed by a party that has previously raised lawsuits for invalidity or deletion if the rules of judicial power are to hinder the rise of new lawsuits about the same relationship.
If the brand name and whoever attacks the registration of the trademark, agree on that, the question of the registration's validity or if deletion is finally decided by the KlamenBoard for industrial rights. It shall be paid due fee.
| 0 | Modified by law 22 June 2012 # 58 (ikr. 1 apr 2013 ifg. res. 1 March 2013 # 244). |
Is it due to doubt whether a marker holder exists, any promulent of written claims to the Patent Board can be found that the registration is deleted. The same applies if the brand's address is unknown. It shall be paid due fee.
Before deletion after the first clause can happen, the Patent Board shall encourage the brand name to report within a reasonable deadline. The exodus shall be given in recommanded letters or in any other reassuring manner. Is the brand's address unknown, the encouragement is given by the announcement in Norwegian Varemerkemende.
Has the brand not signed up for the deadline, the Patent Board shall meet with the decision to delete the registration of the trademark.
A judicial judgment or final decision from the Patent Board to put a registration hero or partial to page as invalid, has effect already from the day application for registration was filed.
A judicial judgment or final decision from the Patent Board to delete a registration has effect from the point of time when lawsuits were erected or claims of deletion delivered to the Patent Board. Following claims from a party in the case, it can still be determined in a judgment or decision that builds on Section 36 that the decision should have effect from a previous time when a basis for deletion was issued.
If a registration of a trademark, a renewal or a change of a registration has occurred at an apparent error, the Patent Board of its own measures can be completely or partially unregistration.
The brand is to be given message with reasonable due date for statement before raising takes place.
The registration of a trademark shall be deleted after the expiration of the registration period if the registration is not renewed, or if the brand name in writing requires the registration to be deleted.
Are there raised lawsuits about the right to the trademark, the registration may not be deleted after claims from the brand name before the lawsuit is judicial-determined.
Is it prominent requirements for administrative overtrial of a trademark registration, or raised lawsuits for inundation or deletion of such a registration shall be introduced in the trademark region and announcements. When the case is finally settled, the outcome shall be introduced in the trademark region and the announcement.
Final decision on the raising of a registration after Section 45 is to be introduced in the trademark region and the announcement. The same applies to final decision of the invalidity or deletion after Section 42 and deletion after Section 43 and 46.
Part Article SECTION 48. Insight in documentsAny can claim visibility into the documents in cases of the Patent Board after this chapter. The provisions of Section 25 different and third joints apply accordingly.
The decision from the Patent Board of an application for trademark registration or a requirement that an international trademark registration shall have effect in Norway can be incurred by the applicant of the Board of the Industrial Rights (Klaentopic) if the decision has gone the applicant. The same applies to the decision by the Patent Board to reject an application for international trademark registration after Section 68 third clause.
The decision of an intrositation case can be incurred to the KlaenBoard of the party that the decision has been opposed. Will be a requirement for transfer of an application by Section 21 or a registration after Section 28 granted, the decision can be made to the KlaenBoard of the applicant or the brand name.
The decision of a case of administrative overtrial after Section 35 to 37, jf. Section 40, can be incurred to the KlaenBoard of the party that the decision has been opposed. This does not apply to the decision to reject the claim after Section 40 other clause third period.
The decision to repl a registration after Section 30 or 45, or if deleting a registration after Section 43, can be scratched to the KlaenBoard of the brand name.
The decision to reject or refuse claims about :
| 1. | repeat after Section 23 fourth clause |
| 2. | exception from public after Section 25 different joints, Section 31, 48, Section 51 fifth clause and Section 76 |
| 3. | visibility into documents in cases by law here |
| 4. | renewal of trademark registration after Section 33 |
| 5. | change of a trademark by Section 34 |
| 6. | that the case is taken during treatment after Section 80 |
can be incurred to the KlaenBoard of the person who has protested the claim.
Other decisions from the Patent Board cannot be scratched.
| 0 | Modified by law 22 June 2012 # 58 (ikr. 1 apr 2013 ifg. res. 1 March 2013 # 244). |
A complaint is delivered in writing to the Patent Board within two months after the day message of the decision was submitted to the person. The complaint shall specify :
| a) | the clone's name and address |
| b) | the decision that it clages over |
| c) | what change to be desired in the decision |
| d) | what reasons the complaint builds on. |
The complaint shall in addition fulfill those terms determined by the King in regulation. It shall be paid the term tax.
Other parties in the case shall immediately be issued notice of the complaint with a reasonable deadline for the statement.
Are the terms of processing the complaint fulfilled, the Patent Board may undo or change the decision if it finds it clear that the complaint will bring forward. If it does not hit such decision, the case shall be subject to the statute of the Klamenden. Provides the Patent Board a statement to the Klaentopic, a copy is to be sent to the parties.
If the terms of processing the complaint have not been met, the complainant shall be given a reasonable deadline for statement and about possible correction of the diversity. The shortcomings are not fixed within the expiration of the deadline, the complaint shall be dismissed unless the KlaenBoard finds that it should be given a new due date for correction.
The Tas complaint under treatment, the KlaenBoard shall conduct the investigations that the complaint provides reason for. It can take into account conditions that have not been touched in the complaint. Is the complaint withdrawn, the KlaenBoard may continue the treatment of the case if there are very clear reasons for this.
Any can require visibility into the documents in complaint cases. The provisions of Section 25 different and third joints apply accordingly.
| 0 | Modified by law 22 June 2012 # 58 (ikr. 1 apr 2013 ifg. res. 1 March 2013 # 244). |
The decision from the Patent Board can only be brought in for the courts if the claret after Section 49 has been used, and the KlaenBoard for Industrial Rights (Klamenenden) has definitely filed the complaint. The first period does not touch the right to travel lawsuits of invalidity or deletion after Section 35 to 37 or about the court of the trademark.
The complaint's decision in complaint matters can be brought in for the courts of the party that the decision has opposed, if not otherwise follows by third clause. Search targets must be raised within two months after the day when the message of the decision was submitted to the person. Illumination on the search for the applicant is to be taken into the message of the decision. Search targets are directed against the state by the Board of the KolaenBoard.
The decision in the KlaenBoard of the case of the transfer of an application or registration cannot be brought in for the courts. The same applies to the decision in which the KlaenBoard rejects or rejects an indecision, rejects or declining a claim of administrative overtrial after Section 40, or maintains a decision authored by the Patent Board of such rejection, rejecting, or refusal.
| 0 | Modified by law 22 June 2012 # 58 (ikr. 1 apr 2013 ifg. res. 1 March 2013 # 244). |
A trademark can be overpulled in or without connection with the business that the trademark is associated with.
By the transfer of business, the right to trademarks associated with the business over to the server is if nothing else is agreed.
Part Article SECTION 54. LicenseA marker can give a different right to use the trademark in nutritional business (license). The license holder cannot overpass the court on if nothing else is agreed.
The brand holder can invoke the provisions of Chapter 8 of a license shaver that overtakes the license agreement on the duration of the license, in which design brand can be used, what goods or services it can be used for, which geographical The area marked can be used in, or the quality of the goods or services marked can be used for.
Part Article SECTION 55. Issue mv.A trademark one cannot be the subject of the outlay or other separately forced persecution from the foraging havers.
Search targets that apply to a registered trademark can always be raised against the person who stands as the brands in the trademark board, and messages that the Patent Board shall give the brand name can always be sent to this one.
Is the right to a registered trademark overhauled to another, this is to be introduced into the trademark region and announced if one of the parties is asking for it. Section 78 applies to the equivalent.
A license to a trademark registered or applied registered shall be introduced in the trademark region and announced if one of the parties asks for it. The same applies if a registered licence has been overhauled or intercepted.
The person who has done intervens in someone else's right after this law, or co-worked until it, can at the verdict of the act to repeat the act. The person who has made material preparation with aim to carry out an action that will constitute intervenor otherwise has been performing so that there is particularly reason to fear that the person will do any intervention, can by judgment foreys to conduct the action.
| 0 | Modified by law 31 May 2013 # 25 (ikr. 1 July 2013 ifg. res. 31 May 2013 # 543). |
For intentional or involuntary trademark interventions, the attacker shall pay to the rights holder :
| a) | Equivalent to a reasonable license fee for the exploitation, as well as damages for damage as a result of the procedure that would not have occurred at licensing, |
| b) | damages for damage as a result of the procedure, or |
| c) | -Equivalent to the gain gained by the procedure of the procedure. |
Vederlag and damages are determined after that of the base teams in the letter a to c that are favourable for the rights holder.
Is it acted intentional or aggravated negligent, should the attacker, if the rights holder demands it, instead of settlement and compensation determined after the first clause, pay off-paying equivalent to the double of a reasonable license fee for the exploitation.
The first and second clause is applicable to the equivalent of complicity.
For interventions that have occurred in good faith, the assailant to the extent that it does not appear as unreasonable, paying the equivalent of a reasonable license fee for the exploitation or to the winning achievement achieved by the procedure.
The responsibility of the responsibility for the first to third clause can be imptes after law 13. June 1969 No. 1 26 about damage substitution Section 5-2.
The holder of a co-brand may require damages also for damage that has been inflicted on others that have the right to use the brand.
| 0 | Modified by laws 31 May 2013 # 25 (ikr. 1 July 2013 ifg. res. 31 May 2013 # 543), 9 May 2014 # 16 (ikr. 9 May 2014 ifg res. 9 May 2014 # 625). |
In order to prevent intervention, the court in the span can be reasonably provided, providing the injunction of preventive measures for products that constitute a trademark and for materials and aids that are mainly used, or intentional used, to porker such products. Such cuts can among other things go out that products and materials and aids should :
| a) | recalled from the trade, |
| b) | definitely removed from the trade, |
| c) | destroyed, or |
| d) | issued to the rights holder. |
The decision of whether measures shall be placed and the choice between possible measures should be taken out from a relationship-signing assessment. It should be taken into account for the purposes of the branch's seriousness, the effects of the measures and third-party interests.
The first clause applies to the equivalent in cases as mentioned in Section 57 different period.
The roof of the paragrafen here shall not be conditioned by the rights holder to the rights of the added corrects against, and does not affect the rights of the rights of the rights of the rights of settlement or damages after Section 58. The roof is to be carried out for the plaintiffs bill if not honest reasons speak against it.
| 0 | Modified by laws 31 May 2013 # 25 (ikr. 1 July 2013 ifg. res. 31 May 2013 # 543), 9 May 2014 # 16 (ikr. 9 May 2014 ifg res. 9 May 2014 # 625). |
In judgment in case of intervention, the court can decide that information about the verdict should be conveyed in appropriate manner for the intervention of the intervention. This applies to the equivalent of the involvement of the intervention and in cases as mentioned in Section 57 different periods.
| 0 | Added by law 31 May 2013 # 25 (ikr. 1 July 2013 ifg. res. 31 May 2013 # 543). |
In civilian cases of intervention in registered trademark, it can only be built on that registration is invalid or may be deleted after the provisions of Section 35 to 37, if first stated judicial judgement for invalidity or deletion or if the Patent Board has finally hit the decision on this.
The person who commits trademark intervention is punishable by fines or imprisonment for up to one year.
If there has been particularly display of circumstances, the penalty is fines or prison until three years. At the assessment of whether particularly display circumstances are due to be especially placed emphasis on the damage that has been inflicted on the rights holder, herding damage to the rights of rights, the gain that the attacker has achieved, and the scope of The procedure for the otherwise.
For the violation of this determination, address can be neglected unless public consideration dictates, jf. The penalty process law Section 62 a. By procedures in the joint brand, only the marker is considered to be offended.
| 0 | Modified by laws 31 May 2013 # 25 (ikr. 1 July 2013 ifg. res. 31 May 2013 # 543), 19 June 2015 # 65 (ikr. 1 oct 2015). |
Exploit some without consent from the applicant a trademark filed in the period of time between the applications of the application and the announcement of registration, applies Section 57, Section 58 first to third and fifth and sixth clause, Section 59 and 59 a corresponding in the extent the application leads to registration.
The statute of limitations for claims after this paractment does not begin to run until the trademark is registered.
| 0 | Added by law 31 May 2013 # 25 (ikr. 1 July 2013 ifg. res. 31 May 2013 # 543). |
The following lawsuits must be raised at the Oslo courthouse :
| a) | lawsuit on trial of decision struck by the Klaentopic as referred to in Section 52 |
| b) | lawsuits of invalidity or deletion of a trademark registration after Section 35 to 37 |
| c) | civil lawsuits of interven-action in registered trademark. |
The Oslo courthouse is verneying for applicants and brands who do not have residence in Norway.
| 0 | Modified By Promise 22 June 2012 # 58 (ikr. 1 apr 2013 ifg. res. 1 March 2013 # 244), 31 May 2013 # 25 (ikr. 1 July 2013 ifg. res. 31 May 2013 # 543). |
If it is granted a license to the use of a trademark, both the brand and license share can travel lawsuits on trademark interveners within the license shape area, unless otherwise agreed.
By intervention in the right of the common brand, only the brand can travel lawsuits.
The person who raises lawsuits for indecision or deletion of a trademark registration after Section 35 to 37, shall simultaneously give message on this to the Patent Board as well as in recommanded letters to any license shaver that has been introduced in the trademark region with address. A license shaver that raises lawsuits on trademark intervention is going to the corresponding way to give message about this to the brand name.
Documentary the plaintiff does not allow the required messages to be granted, the court can set a deadline for giving the messages. Oversee the deadline, the case should be dismissed.
The court shall submit the Patent Board printing of judge in civil affairs for trademark registrations or applications.
An international trademark registration is a registration of a trademark made by the International Bureau of the World Organization for Intangible Real Estate (WIPO) after the protocol 27. June 1989 to the agreement 14. April 1891 about international registration of the trademarks (Madridprotocol).
The Patent Board is the trademark authority in Norway in matters of international trademark registration.
The Norwegian citizen or is settled or operates business in Norway and possesses a trademark registration or has filed application for such registration here in the realm, can apply for international registration of the trademark by delivering application for it to the Patent Board.
The application shall be in writing, authored in English and enter :
| a) | the applicant's name and address |
| b) | number and date of the or the Norwegian trademark registrations or applications that the international registration should build on |
| c) | a rendering of the brand |
| d) | a list of the goods or services that marked the search for |
| e) | a list of countries or the middle-state organization that registration requests have been granted effect. |
The application of the application is to comply with the requirements determined by the King in regulation. It shall be paid due fee.
The Patent Board shall see that the terms of Section 67 are met and that the information in the application is in accordance with the information provided in it or the Norwegian trademark registrations or applications that the international application builds on.
If the application meets the requirements as mentioned in the first clause, the Patent Board shall submit the application to the International Bureau.
If the application does not meet the requirements mentioned in the first clause, the Patent Board shall provide the applicant message on this and inform whether the effects the diversity can be received. The seeker shall be given a reasonable due date for statement and about possible correction of the diversity. If the applicant has not stated or corrected the diversity of the deadline, the application should be dismissed.
The Norwegian citizen or is settled or operates business in Norway and who possess an international registration that builds on a Norwegian registration or application, and that wishes the international registration to have effect in further countries or in mid-state organizations, can deliver application of this to the International Bureau or to the Patent Board.
The application delivered to the Patent Board must be in writing, authored in English and enter :
| a) | the applicant's name and address |
| b) | the international registration number |
| c) | which or what additional country or mid-state organizations registration requests given effect |
| d) | whether the application applies to all or only further indicated by those goods or services the international registration includes. |
When the Patent Board is given message from the International Bureau of Claims from the holder that an international trademark registration shall have effect in Norway, the Patent Board shall examine whether the registration terms in Section 14 to 16 are met.
Are the registration terms met, the Patent Board shall impose the international trademark registration in the trademark region and announce that it has effect in Norway.
Are the registration terms not met, the Patent Board shall completely or partially refuse to give the international registration effect in Norway. Interstroke must be reported to the International Bureau within 18 months after the Patent Board received message as mentioned in the first clause.
By refusal, the holder of the international registration on those terms determined in regulation demand that the Patent Board is conducting a renewed assessment of the question of whether the international registration should have effect in Norway.
For the Patent Board's treatment of claims that an international trademark registration shall have effect in Norway, Section 23 is applicable. If the holder of the international registration has invoked priority, Section 19 applies.
| 0 | Modified by law 22 June 2012 # 58 (ikr. 1 apr 2013 ifg. res. 1 March 2013 # 244). |
Any one can within three months from the announcement of the day that the international trademark registration is to have effect in Norway. About the announcement and announcement of the objections applies Section 26 equivalent. Whether the treatment of the objections applies Section 27 and 28 equivalent.
If a registration terms by Section 14 to 16 are not met, the Patent Board shall cease that international registration entirely or partially should not have effect in Norway if the deadline after Section 70 third clause has not expired, or The Patent Board within the expiration of the mentioned deadline has given the international agency message that it may be filed incomes after the deadline's expiration and message of the acquisition has been passed within a month after the expiration of the signing deadline.
If the registration terms are met, the Patent Board shall reject the acquisition.
The holder of the International Capture and Insider shall be issued message of the Patent Board's decision in the incomes. When the case is finally settled, the outcome shall be introduced in the trademark region and the announcement.
An introduction to the trademark region that an international trademark registration has effect in Norway, has the same effect as if the trademark was registered here in the realm. The introduction has effect from the day registration at the International Agency is deemed to have occurred or from the day of a trailing outpointing of Norway.
The registration applies for ten years from the day registration at the International Bureau is deemed to have happened. It can be renewed for ten years of the time after the rules of the Maddrome protocol. When the Patent Board is given message from the International Bureau of Innovation of an international registration, this is to be introduced in the trademark region and announcements.
An introduction to the trademark region that an international registration has effect in Norway can be repealed after Section 30 and 45, and is declared invalid or deleted after the provisions of Chapter 5. The rise after Section 30 and 45 must happen within the deadline of Section 70 third clause different period.
The assignment and licensing of the right to international trademark registrations are reported to the International Bureau. Search targets that pertain to the trademark can always be raised against the one that stands as holder of the international registry.
| 0 | Modified by law 9 May 2014 # 16 (ikr. 9 May 2014 ifg res. 9 May 2014 # 625). |
If some possess both an international registration with effect in Norway and a Norwegian registration of the same trademark, the international registration will replace the Norwegian if the international registration has effect here in the realm from a later time than the Norwegian, and all goods or services reauthored by the Norwegian registration are included in the list of goods or services retaken by the international registration as it applies to Norway. This implies no narrowing in rights that have already been acquired on the basis of the Norwegian registration.
Following claims from the brand name, the Patent Board shall impose in the trademark region and announce that the international registration has replaced the Norwegian.
If an international registration hero or partially ceases to apply, the same time ceases in Norway in the corresponding extent. This is to be introduced in the trademark region and announcements.
Part Article SECTION 75. Transform to a national trademark recordingIf an international registration that has effect in Norway completely or partially ceases to apply as a result of the abduction of the national registration or application that it builds on, and the holder then facing the Patent Board of Directing claims registration of the trademark here in the realm shall such registration have effect from the day the international registration received effect in Norway if the claim is delivered within three months from the day the international registration was recorded, and they last or services that are indicated in the claim were reauthored by the international registration as it was about in Norway.
If an international registration that has effect in Norway completely or partially ceases to apply as a result of the resignation of the Madridprotocol, and the holder then facing the Patent Board is putting claims for the registration of the trademark here in the realm, shall such registration happen with effect from the day the international registration received effect in Norway if the claim is delivered within two years from the day the resignation received effect, and those goods or services indicated in the claim were reauthored by the international registration as it was about in Norway.
Any can claim visibility into the documents of the Patent Board in cases following the chapter here. Section 25 different and third joints apply accordingly.
The co-Board of the Patent Board or the Board of Directions to a seeker, registration holder, insiger or one that has claimed administrative overtrial after Section 40, always counts as they have been sent to the address that the person has been given to The Patent Board or the KolaenBoard. The address is introduced in the trademark region. For applicants and registration holder who have the deputy, the announcements can be sent to the deputy.
If the registered address turns out to be incorrect, the acquisition is recorded or a summary in Norwegian Varemerkening, with enlightenment that the document can be flock with the Patent Board or the Board of the Board of the Board of Competing.
Can the discourse or other process uell announcement not happen at the registered address or with the deputy of the deputy, applies to other clauses accordingly to the court. The document is considered to be recited or announced four weeks after the publication of Norwegian Varemerkemende.
If an applicant or registration holder has otherwise appointed a deputy to represent in relation to the application or registration, the deputy's name and address shall be introduced in the trademark region. The same applies if an insiger or one that has claimed administrative overtrial has appointed a deputy to represent himself in relation to the enclave or the overtrial requirement.
| 0 | Modified by law 9 May 2014 # 16 (ikr. 9 May 2014 ifg res. 9 May 2014 # 625). |
The applicant seeking registration of a trademark without running business here in the realm and that is not settled in a state that has been attributed to the PariConvention 20. March 1883 on the protection of industrial property rights or deal 15. April 1994 about the creation of the World Trade Organization (WTO-agreement) must make amends that the trademark is registered for the person in the home country of the goods or services that the application applies.
The first clause does not apply if the applicant's homeland does not require equivalent evidence of trademarks being searched there by the holder of business in Norway.
Part Article SECTION 79. Right to registration as in the home countryThe king can in regulation determine that a trademark registered in a foreign state, on closer to determining terms shall be able to be registered here in the realm as it is registered in the foreign state.
If after the first clause, a trademark that otherwise could not have achieved protection by registration here in the realm, the registration protection does not apply to any further scope or for longer than in the foreign state.
Part Article SECTION 80. Effect of the temptations of theThe person facing the Patent Board has overserved a deadline set in or in the co-hold of the provisions of Chapter 2, 4, 6 or Section 68 third clause and as a result of this has lidt court losses, still get a case taken during treatment if it allowance that the person himself and optionally the deputy has shown the tactic that with the equitable can be expected. The requirement must be filed in writing to the Patent Board within two months after the obstacle that led to the state of the state of the state of the state of the state of the state, and the latest four months after the deadline. Within the same deadline, the unlatte action shall be made. It shall be paid due fee.
The first clause does not apply to deadlines after Section 19 of priority, the deadline for complaint decisions as mentioned in Section 49 different and third clause or the search-age deadline after Section 52 other clause other periods.
The Patent Board leads the trademark region and is publishing a time-ending where registrations mv.
Any one has the right to see the trademark region and have confirmed printing of it. For transcripts, it shall be paid a charge.
For copies of documents that are public by the law here, it shall be paid a charge. The tax rates for prints and copies following the clause here should be determined so that the interient revenue is not greater than the actual cost of the information, with the addition of a reasonable profit.
The king can in regulation give closer regulations to padding and review of the law here. The king can among other things to give provisions about :
| a) | the delivery and treatment of applications and objections, herunder about access to use language other than Norwegian in correspondence with the Patent Board |
| b) | international applications and registrations |
| c) | share and merge of applications and registrations and about fees for this |
| d) | the length of deadlines by the law |
| e) | transfer of and visibility into the trademark region |
| f) | announcements by law |
| g) | the time of the time of the Patent Board |
| h) | tax rates and payment of fees. |
The law applies from the time the King decides. 1 From the same time the law is placed in effect repeaof law 3. March 1961 # 4 about trademarks and law 3. March 1961 # 5 about co-brands.
Section 32 first period applies only to applications delivered after the law here has stepped into effect.
The application of registration of trademark and co-brands that has been filed before the law takes effect shall be deemed to meet the requirements of the application's content if the provisions of this in law 3. March 1961 # 4 about trademarks and law 3. March 1961 # 5 if co-brands with regulations are met.
Registration of trademark or co-brand that has been occurred before the law takes effect, only repeater or set aside as invalid in the extent that there would be grounds for it after law 3. March 1961 # 4 about trademarks and law 3. March 1961 # 5 about co-brands. The rules of deletion in Section 36, 37, 42 and 43 are still applicable, also for registrations that have occurred before the law takes effect. Moreover, the law also applies to registrations that have occurred before the Commencement Act.
| 1 | From 1 July 2010 ifg. res. 25 June 2010 # 936. |
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