Law on the Protection of Trademarks (Trademarks Act)
Affairs Ministry of Justice
LOV-2015-06-19-65 from 10/01/2015
Published in 2010 Booklet 4
26.03.2010 kl. 15.30
Trademarks Act - TtL.
Chapter 1. General provisions (§§ 1-11)
Chapter 2. National application for trademark registration (§§ 12-25)
Chapter 3. Opposition and repeal (§§ 26-31)
Chapter 4. Trademark Registers Ring validity. Brand Change (§§ 32-34)
Chapter 5. Judicial review, invalidity and deletion (§§ 35-48)
Chapter 6. Complaints and lawsuits (§§ 49-52)
Chapter 7. Assignment and license etc. (§§ 53-56)
Chapter 8. Sanctions against trademark infringements (§§ 57-61 a)
Chapter 9. Judicial Provisions (§§ 62-65)
Chapter 10. International trademark registration (§§ 66 - 76)
Chapter 11. Miscellaneous provisions (§§ 77-82)
Chapter 12. Final provisions (§§ 83-84)
Ref. former law March 3, 1961 no. 4 regarding trademarks and Law March 3, 1961 No.. 5 on collective marks. Ref. The EEA Agreement Annex XVII. 9 h (dir 2008/95).
Chapter 1. General Provisions
§ 1. Exclusive rights to trademarks, etc. Any person may obtain exclusive right to use a trademark characteristics of goods or services for commercial purposes under the provisions of this law (trademark law).
An association or other association may acquire an exclusive right for its members to use a common trademark for goods or services for commercial purposes (collective mark). Authority, foundation, corporation or other entity that establishes standards for or causes other checks with goods or services, may obtain the exclusive right to use a trademark for such goods or services as standards or controls apply (warranty or check mark). Trademarks mentioned in this paragraph is called collective marks.
Whoever uses their name, or protected business name as characteristics of their goods or services, are protected under the provisions of this Act against unlawful use of the name as a trademark within the same geographical area.
§ 2. Draw possibly trademark A trademark can consist of all kinds of signs that are capable of distinguishing a company's goods or services from others, such as words and combinations of words, including slogans, names, letters, numbers, shapes and images, or a product shape, equipment or packaging.
It can not be achieved trademark right sign consisting exclusively of a shape which follows the stock items, is necessary to achieve a technical result, or adds the item of considerable value.
§ 3. Incorporation of trademark law Trademark law can be achieved for the entire kingdom by registration in the Trademark Registry under the provisions of Section 2
Trademark law may also be obtained for the entire realm of international registration under the provisions of Chapter 10.
Trademark law achieved without registration when the mark is incorporated. A trademark is deemed incorporated when and as long as the revenue circle in this country for such goods or services in question, is well known as someone's special characteristics. Absence of incorporation only in a part of the kingdom, the exclusive rights only for this area.
§ 4. Trademark Court content Brands court means no without the consent of the holder of trademark right (the holder) in trade use:
sign which is identical with the trademark for such goods or services that the trademark is protected for
sign which is identical or similar trade mark for goods or services identical or similar, if there is a risk of confusion, for example by the use of the sign may give the impression that there is a connection between sign and the mark.
For a brand that is well known in this country involves trademark law that no one without the consent of the holder may use a sign which is identical or similar trade mark for goods or services of the same kind or another, if its use would lead to an unreasonable exploitation of or damage to the well known brand's distinctive character or reputation (goodwill).
As use is considered to include:
putting the mark on goods or their packaging
to offer goods for sale or otherwise bring them to market, store or deliver them signed, or offering or supplying services signed
importing or exporting goods with the mark on
using sign in business papers and in advertising.
Also oral use of character considered use.
§ 5. Limitation of trademark law Trademark law acquired by registration does not include such a part of a trademark that it would not be allowed to register separately.
Trademark right does not preclude anyone in accordance with good business practice uses:
its name, business name or his address
indications concerning the item or service kind, quality, quantity, purpose, value, geographical origin, time of production works or performance of the service or other characteristics of the goods or service
mark, when necessary to indicate the intended purpose of a product or service, such as when the mark indicates that the item uses is as an accessory or spare part.
Exclusive rights to a geographical designation of origin obtained by registration as a collective mark is not intended to prevent others from using the term when the use is in accordance with good business practice.
§ 6. Exhaustion of trademark law trademark right does not preclude the use of the trademark for goods of the proprietor or with his consent are placed on the market within the European Economic Area (EEA) under the trademark.
The first paragraph does not apply if the holder has reasonable grounds to oppose the continued sale of goods, for example, condition of the goods is changed or impaired after they were put on the market.
§ 7. Precedence collision between rights do more individually claim exclusive rights to identical or similar trademarks, ref. § 4, the precedence that has the oldest legal basis for his claim, unless the provisions of § 8 .
§ 8. Consequences of inaction The right to a trademark shall consist beside an older trademark law, if the holder of the older court have known and come to terms with that younger trademark after the record date has been used in this country for five consecutive years, and the application for registration of the later mark was filed in good faith. If the younger trademark has been used only for some of the goods or services it is registered, the court shall consist only of those goods or services.
The right to an established trademark shall consist beside an older trademark law if the holder of the earlier right within a reasonable time has taken steps to prevent the use of the later mark. The holder of an older right to a trademark is well known, cf. § 4, second paragraph, be deemed to have acted in a timely manner when they take steps to prevent its use within five years after he became aware of its use.
§ 9. Coexistence In cases mentioned in § 8 and § 35, second paragraph, second sentence, the holder of the younger court did not object to the use of the elderly characterized, although the holder of the earlier right can no longer do his or her right the use of the younger trademark.
In cases mentioned in § 8 subsection the court may, if it deems it reasonable, by court decide that one or both characteristics in the future only be used in a certain way, such as in a specific design or with a clarifying Additionally, such as the holder's name or location indication, or simply to be used for specific goods or services, or within a specific area.
The second paragraph applies correspondingly to cases in which the same or similar trademarks are incorporated for different holders in different parts of the kingdom.
§ 10. Deceptive trademarks etc. If a trademark is misleading or of the holder or any other brand holder's consent is being used in a manner that is misleading, the court may by judgment prohibit the use of the trademark or such forms of use that are considered misleading and give others injunctions considered necessary.
Actions under the first paragraph may be instituted by the Patent Office and any person having a legal interest in it.
§ 11. Reproduction of trademark in textbooks etc. By publishing encyclopedias, manual, textbook or similar font of academic content confessed author, main editor, publisher and publisher obliged, at the request of the holder of a trademark, to ensure that the brand is not reproduced without simultaneously stated that it protected by registration.
If a claim under subsection set forth in a reasonable time is not complied with, it may require that the request was addressed, shall finance a correction published in the manner and to the extent deemed reasonable.
Requirements under subsection deemed always complied with if the mark is reproduced together with the symbol ® in a clear manner.
Chapter 2. National application for trademark registration
§ 12. The application for registration application for registration of a trademark submitted in writing to the Patent Office.
The application shall state:
applicant's name and address
a reproduction of the mark
a list of the goods or services which the mark be registered for.
An application for registration of a collective mark shall also contain the provisions laid down for use of the mark.
The application shall also fulfill the requirements laid down by the King in regulations. Shall be paid the prescribed fee.
§ 13. Amendment of the application in a trademark registration has been applied may be made insignificant changes that do not affect the overall impression of the mark.
List of goods or services which the mark be registered for mitigation.
§ 14. General registration conditions A trademark to be registered must consist of a sign which may be protected under § 2 and that can be rendered graphically. It must have distinctive features characteristic of such goods or services concerned.
A trademark can not be registered if it exclusively, or with only insignificant changes or additions, consisting of signs or indications which:
indicates the item or service kind, quality, quantity, purpose, value, geographical origin, time of production of the goods or performance of the service, or other characteristics of goods or services, or
in common parlance or by loyal and established business practices constitute customary designations for goods or services.
The terms of subsections must be met on both the application date and the record date. In assessing the first paragraph, second sentence and second paragraph shall be taken of all the circumstances that existed at the date of application, and in particular to the effects of the use of the trademark before this time.
A sign in business are used to indicate the geographical origin of a product or service, notwithstanding the second paragraph a registered as a collective mark.
§ 15. Brands that are contrary to public interests A trademark can not be registered if:
contrary to law, public order or morality,
is misleading, for example with regard to the good or service kind, quality or geographical origin, or
without permission contain a weapon or other characters that are covered by the Penal Code § 165 letter b and § 166, a state flag, or which are liable to be perceived as such signs or flags.
For wine and spirits can neither registered trademark that consists of or contains anything that is likely to be perceived as a geographical designation of origin for wine or liquor, unless the product has the geographical origin designated by.
§ 16. Brands that are contrary to the rights of others A trademark can not be registered without the consent of the licensee if:
use of the mark would infringe someone else's right in this country to a trademark or company name or other business characteristics,
mark are likely to be confused with a trademark, company names or other business characteristics as another has adopted as characteristics of goods or services prior to the applicant and still use, and the applicant knew of the use of the application for registration was filed, so the delivery thus be deemed to have been contrary to good business practices,
mark contains anything which is liable to be perceived as someone else's name, artist name or portrait, unless it obviously refers to a long deceased,
mark contains anything which is liable to be perceived as the distinctive title of another's protected intellectual property, or infringes another's right in this country to an intellectual or a photographic image or design, or
marked violates another's right in this country to a term that is protected by regulation under the Act 17 June 1932 No.. 6 for quality control of agricultural products etc., or Law 19 December 2003 no. 124 of food production and food safety.
§ 17. Exceptions remarks Contains a trademark a component that can not be registered separately, the Patent Office in order to avoid uncertainty about trademark right scope, make it a condition for registration that with a disclaimer stated that this component is not covered by the protection registration provides. The fact that the disclaimer is not done, do not affect the trademark right scope.
If it later turns out that the component of the mark that has been excluded from protection, will be registered separately, can the holder in a new application require recording of part or of the mark in its entirety without disclaimer.
§ 18. Commodity and service classes Trademarks are registered for specific goods or services within a particular commodity or service classes. The breakdown in supply and service classes are determined by the King.
§ 19. Priority Anyone who has filed an application for registration of a trademark in a foreign state party to the Paris Convention of 20 March 1883 for the Protection of Industrial Property or the WTO Agreement of 15 April 1994 establishing the World Trade Organization, and that within six months after this applicant for registration of the trademark in this country, may require that the new application shall be deemed filed while the initial application.
Whoever first used a trademark for a product associated with a display at an international exhibition as stated in the Convention on 22 November 1928 on international trade, and that within six months of this applicant for registration of the trademark in Norway , may require the application shall be deemed filed on the date when the brand was first showcased at the exhibition.
The King may lay down further conditions for the right to claim priority. The King may also provide that priority may be claimed in cases other than those referred to in subsections.
§ 20. Testing of registration conditions Patent Office shall ensure that the application meets the requirements of §§ 12 to 15, that any claim for disclaimer has been complied with, and that there are no registered trademarks or applications for registration which is to prevent the application be to follow.
Patent Office does not examine separately whether there are other registration obstacles mentioned in § 16. If the Patent Office nevertheless become aware of such obstacles, the application shall be tested against them.
§ 21. The right to trademark Whoever proves to have the right to a trademark in an application filed by another, may require that the Patent Office transmits the application. The person must then pay a new application fee.
Is there doubt right relationship, the Patent Office may invite the requiring application transferred to him to bring proceedings before a deadline Property Office. Instituted no legal proceedings within the time limit, the Patent Office may disregard the claim. The person who requires the transfer should be made aware of this.
Ongoing issue of transfer of the Patent Office, the application can not be altered, shelved, refused or granted before the issue of transfer has been finally decided.
Is it instituted proceedings on the right to the trademark, the Patent Office shall stay the proceedings of a case concerning the registration or transfer until the lawsuit is legally settled.
Patent Office shall notify the decision to transfer the case to the applicant and the person who has required the application be transferred to him. The final decision on the application is transferred shall be listed in the trademark registry and published.
§ 22. Registration and publication If the application meets the conditions of § 20 shall mark is registered and registration letter sent to the applicant. The registration shall be published.
When a collective mark is registered, shall also the provisions laid down for use of the mark is registered and published. Will provisions later substantially changed, the amended text be reported immediately to the Patent Office for registration and publication.
§ 23. Deficiencies in the application if the application does not fulfill the conditions of § 20, the Patent Office shall notify the applicant of this and inform about the effects deficiencies can get. The applicant shall be given a reasonable deadline for a statement and make any necessary corrections.
About deficiencies are corrected within the deadline Patent Office, the application shall be considered filed on the date when it came into the Patent Office. Applications are however not considered filed until the reproduction of the mark and the list of the goods or services marked shall be recorded, has been received by the Patent Office.
If the applicant has not spoken out or corrected deficiencies by the deadline, the application shall be dismissed.
Procedure on an abandoned application shall be resumed if the applicant states or corrects the deficiencies within two months after the expiry of the deadline. Shall be paid the prescribed fee. The processing of an application may only be resumed once.
§ 24. Refusal If your application has deficiencies are not corrected in accordance with § 23, the application shall be refused unless the Patent Office finds that the applicant should be given a new deadline for correction.
§ 25. Disclosure of documents in the application case Any person may from the date of application require access to the application with attachments and all documents in the case, unless otherwise provided in subsections.
Details of trade secrets may be exempted from public disclosure if the applicant requests it. When such a claim is filed, the information is not public before the claim is finally rejected. Information of significance for whether the trademark can be registered or the trademark right scope can not be exempted from public disclosure. Provisions for the use of the collective mark can not be exempted from public disclosure. Freedom of Information Act § 12 shall apply accordingly.
Documents Patent Office has drawn up its own internal preparation may be exempted from public disclosure.
Chapter 3. Opposition and repealing
§ 26. Opposition When the registration of a trademark is announced, any file an opposition against the registration. An objection shall be in writing and must be received by the Patent Office within three months from the announcement date.
Opposition must contain:
opponent's name and address
stating the registration objection applies
the reasons the opposition is based on
necessary documentation of circumstances cited in support of the opposition.
The opposition must also fulfill the requirements laid down by the King in regulations.
When an objection is received by the Patent Office, shall be entered in the Trademark Register and published.
§ 27. Treatment of objections If the opposition does not fulfill the conditions of § 26, the Patent Office shall provide a reasonable time for a statement and make any necessary corrections. If the irregularities are not corrected within the time limit expires, the opposition shall be rejected unless the Patent Office finds that it should be given a new deadline for correction.
The holder must immediately be notified of the opposition and the opportunity to express themselves.
Is it filed two or more oppositions against the same registration, the Patent Office may turn cases into one case unless submitted objectively justified objections against this.
Patent Office can only consider matters that are affected in the opposition. Is an opposition is withdrawn, the Patent Office to continue the opposition proceedings if special reasons for doing so.
§ 28. The right to the mark if one realizes requires registration of the trademark transferred to him, the Patent Office shall transmit the registration if the right to the trademark is well done. The person must then pay a new application fee. § 21 second to fifth paragraphs, applies correspondingly.
§ 29. Decisions in opposition proceedings the Patent Office shall cancel the registration of a trademark in whole or in part if it is done in violation of §§ 14 to 16 and registration obstacle still exists. The registration of a collective mark shall also be revoked if the application did not contain provisions on the use of the mark and the lack was not addressed during the application process.
If there is no obstacle to registration is maintained, the opposition shall be rejected.
The holder and the opponent must be notified if the Patent Office's decision in the case. When the case is finally decided, the outcome recorded in the Trademark Register and published.
§ 30. Repeal due to applications with better priority If after an application for registration of a trademark is granted, proves that another application pursuant to § 19 shall be considered as filed before the former application, and the Patent Office presumes that the second application in whole or in part would have made registration hurdle for the former application, the Patent Office shall give the holder notice thereof and an opportunity to respond within a reasonable period. If the application is with best priority met, the Patent Office after expiry of the said deadline repeal the first registration to the extent that the best priority application is to preclude the registration remains.
The first paragraph applies correspondingly if the Patent Office presumes that an older application that is being resumed after § 23 fourth paragraph or taken under treatment in accordance with § 80, would have made registration preclude a younger application already met.
The first paragraph shall also apply correspondingly if the Patent Office receives notification that an international registration shall have effect in Norway in accordance with § 70 and assume that the international registration would have made registration preclude a granted application deemed filed on a later day than the international registration shall have effect in the realm of, ref. § 72.
Final decision on matters covered by this section shall be recorded in the trademark Register and published.
§ 31. Access to documents Any person may request access to the documents in opposition procedures and repeal. The provisions of § 25 subsections apply correspondingly.
Chapter 4. Trademark Registers Ring validity. Brand Amendment
§ 32. Registers The duration of trademark registration is valid for ten years from the application date. Registration may subsequently be renewed for ten years at a time. Each period shall run from the end of the previous period.
§ 33. Renewal of registration requirements for renewal must be submitted in writing to the Patent Office earlier than one year before and not later than six months after the registration period. Shall be paid the prescribed fee. If the request for renewal is filed after the expiration of the registration period, shall be paid an additional fee.
Payment of the renewal fee, accompanied by the trademark within limits in the first paragraph shall be considered as a requirement for renewal.
The renewal of a registration shall be recorded in the Trademark Register and published.
§ 34. Change of registered trademark the holder can require the Patent Office makes changes to a trademark if the changes are insignificant and do not affect the overall impression of the mark. Shall be paid the prescribed fee.
A change of a registered mark shall be recorded in the Trademark Register and published. New registration letter to be sent to the holder.
Chapter 5. Judicial review, invalidity and deletion
§ 35. Severability A registration of a trademark shall be wholly or partially set aside as invalid by court order or by decision of the Patent Office (administrative review) pursuant to §§ 38 to 40 if registration is done in violation of §§ 14 to 16 and can not pass under § 8 first paragraph. The registration of a collective mark shall be set aside as invalid if the application did not contain provisions on the use of the mark and the lack was not addressed during the application process.
The registration shall not be set aside as invalid for the reason that use of the trademark would infringe the right to a registered trademark, if the conditions pursuant to § 37 to delete the registration of this mark for the goods or services in question are met. A registration shall not be set aside as invalid for the reason that use of the mark would infringe the right to an established trademark, if incorporation exists only within a small portion of the kingdom.
§ 36. Deletion by degeneration etc. A registration of a trademark shall be completely or partially deleted by judgment or administrative review pursuant to the provisions of §§ 38 to 40 if:
mark has become contrary to public order or morality,
mark, as a result of mark-holder's actions or inaction, has become the common term within the industry for such goods or services which it is registered,
mark, as a result of the use the holder or someone with his consent made by it for such goods or services which it is registered, has been misleading, particularly with regard to goods or services kind, quality or geographical origin, or
changes in the conditions of use of the collective mark has been filed as required by § 22, second paragraph, second sentence, or collective mark is used in violation of the provisions delivered without the holder within a reasonable time has taken steps to prevent such use.
§ 37. Deletion by failure to use the trademark A registration of a trademark shall be completely or partially deleted by judgment or administrative review pursuant to §§ 38 to 40 if the holder does not within five years from the day when the final decision on registration of the mark were hit, has taken the brand in real use in the realm of the goods or services it is registered, or if its use has been interrupted for five consecutive years. The registration shall not be erased if there are reasonable grounds for the failure or interruption.
As the use of the trademark by the first paragraph is also use of the mark in a form which only differs from the form in which it is registered in the particulars that do not alter its character, bringing the mark in this country on goods or their packaging export. As brand holder's use are also used as another does with the consent of the holder.
A registration shall not be deleted if use of the trademark is started or resumed after the expiry of the five year period, but before it is instituted proceedings or submitted a request for administrative review to get registration deleted. It shall not be given to use in the last three months before legal proceedings are instituted or request administrative review is made, if the preparations for use is initiated only after the holder has learned that legal proceedings can be raised or requests for review submitted.
§ 38. Severability and deletion If a basis for invalidity or deletion according to §§ 35 to 37 apply only some of the goods or services the trademark is registered, the registration shall be set aside as invalid or deleted with effect only for those goods or services.
§ 39. Requests for scissors affiliation etc. Lawsuits or request administrative review based on §§ 35 to 37 can be raised or be made by anyone who has a legal interest in the case. An administrative review can also be submitted by the holder. Lawsuits based on §§ 14, 15 or 36 may also be instituted by the Patent Office.
§ 40. Filing and processing of requests for administrative review requirement for administrative review in accordance with §§ 35 to 37 may be made when the opposition period has expired and any opposition proceedings are finally settled. The request shall be submitted in writing to the Patent Office and shall contain:
name and address of the person who filed the request
indication of the trademark registration requirement applies
the grounds for the demand
necessary documentation of circumstances cited to support the claim.
Requirement must also fulfill the conditions established by the King in regulations. Shall be paid the prescribed fee.
If the claim does not meet the requirements of subsection and § 39, the Patent Office shall provide a reasonable time for a statement and make any necessary corrections. If the irregularities are not corrected within the time limit expires, shall be rejected unless the Patent Office finds that it should be given a new deadline for correction. The Patent Office may also reject the claim if the case is not suitable for decision by the Patent Office, particularly because the facts are disputed or uninformed.
If the claim filed by someone other than the holder of the registration, the Patent Office as soon as possible to give this notification requirement with a reasonable period for comment. The requesting an administrative review shall give notice by registered mail to all licensees who are registered in the trademark registry with address. Documented not mean it is given such notice, the Patent Office may set a deadline for giving notice. If the time limit shall be rejected.
Is it filed two or more requests for review of the same trademark registration, the Patent Office reconcile matters if it does not set forth a factual justified objections.
Patent Office can only consider matters that are affected by the request.
§ 41. The ratio of cases to the Patent Office and the courts An administrative review can not be submitted while a lawsuit concerning invalidity or deletion is not legally settled. If proceedings are brought concerning invalidity or deletion before it is taken a final decision in a case concerning administrative review, the Patent Office shall discontinue until the lawsuit is legally settled if the claim for an administrative review is made by someone other than the holder.
Whoever has submitted a request for an administrative review can not institute legal proceedings concerning invalidity or deletion while proceedings in the Patent Office.
An administrative review can not be filed by a party who has previously initiated legal proceedings concerning invalidity or deletion rules regarding res judicata precludes that it instituted new legal proceedings on the same matter.
§ 42. Severability and deletion in certain special cases If the holder and whoever attacks the registration of the trademark, so agree, the issue of the registration's validity or deletion required finally decided by the Board of Appeal for industrial property rights. Shall be paid the prescribed fee.
§ 43. Deletion by unknown address, etc.. Is there reasonable doubt whether a trademark holder's, any submit written claims to the Patent Office of the registration. The same applies if the mark holder's address is unknown. Shall be paid the prescribed fee.
Before deleting the first paragraph may occur, the Patent Office shall invite the holder to sign up within a reasonable period. The appeal shall be given by registered mail or in any other satisfactory manner. Is brand holder's address is unknown, given encouragement by announcement in Norwegian Trademark Gazette.
Does the holder does not come forward within the deadline, the Patent Office may decide to delete the registration of the trademark.
§ 44. The impact of decisions concerning invalidity or deletion An enforceable judgment or final decision by the Patent Office to set a registration wholly or partly aside as invalid, the effect already from the day the application for registration was filed.
An enforceable judgment or final decision by the Patent Office to erase a record, has effect from the time the lawsuit was filed or demand for removal filed with the Patent Office. If requested by any party to the case can still be determined in a judgment or decision which is based on § 36 that the decision shall take effect from an earlier date when grounds for deletion existed.
§ 45. Repeal of its own motion, if a registration of a trademark, a renewal or an amendment of a registration happened by an obvious error, the Patent Office on its own initiative fully or partially cancel the registration.
The holder shall be notified with reasonable notice for comment before repeal takes place.
§ 46. Deleting the registration period etc. The registration of a trademark shall be deleted after the expiry of the registration period if the registration is not renewed, or if the holder in writing require the registration.
Is it instituted proceedings concerning the right to the trademark registration may not be deleted at the request of the holder before the lawsuit is legally settled.
§ 47. Introduction to Trademark Register and publication it submitted a request for an administrative review of a trademark registration, or initiated legal proceedings concerning invalidity or deletion of such a registration, shall be entered in the Trademark Register and published. When the case is finally decided, the outcome recorded in the Trademark Register and published.
Final decision repealing a record pursuant to § 45 shall be recorded in the Trademark Register and published. The same applies to a final decision on the validity or cancellation pursuant to § 42 and deletion according to §§ 43 and 46.
§ 48. Access to documents Any person may request access to the documents in cases before the Patent Office under this chapter. The provisions of § 25 subsections apply correspondingly.
Chapter 6. Complaints and lawsuits
§ 49. Appeal against decision of the Patent Office decision from the Patent Office of an application for trademark registration or a requirement that an international trademark registration shall have effect in Norway, may be appealed by the applicant to the Appeals Committee for industrial property rights (Appeals Committee) if the decision goes applicant against. The same applies to a decision by the Patent Office to reject an application for international registration under § 68 subsection.
Decision by an opposition proceedings can be appealed to the Appeals Committee of the party decision goes against. Becomes a requirement for transfer of an application pursuant to § 21 or signup under § 28 granted, the decision may be appealed to the Appeals Committee of the applicant or the holder.
Decision in a case concerning administrative review in accordance with §§ 35 to 37, cf. § 40, may be appealed to the Appeals Committee of the party decision goes against. This does not apply decision to reject the claim under § 40, second paragraph, third sentence.
The decision to revoke a registration pursuant to §§ 30 or 45, or to delete a registration pursuant to § 43, may be appealed to the Appeals Committee of the holder.
The decision to reject or refuse claims if:
Resumption under § 23 fourth paragraph
Exemption from public disclosure pursuant to § 25 subsection §§ 31, 48, § 51 fifth paragraph and § 76
Access to documents in cases under this Act
Renewal of trademark registration pursuant to § 33
Alteration of a trademark under § 34
That the case is taken under treatment in accordance with § 80
Can be appealed to the Appeals Committee of the person who lodged the claim.
Other decisions of the Patent Office may not be appealed.
§ 50. Delivery of complaint A complaint submitted in writing to the Patent Office within two months after the day of notification of the decision was sent to the party. The appeal shall state:
complainant's name and address
decision being appealed
the requested changes in the decision
what reasons the complaint.
Appeal must also fulfill the conditions established by the King in regulations. It is payable stipulated appeal fee.
§ 51. Treatment of complaint Other parties in the case must immediately be notified of the complaint with a reasonable period for comment.
If the conditions for processing the appeal met, the Patent Office may revoke or modify the decision if it finds that the complaint will succeed. If no such decision, the matter shall be submitted to the Appeals Committee. Provides Patent Office a statement to the Appeals Committee, a copy shall be sent to the parties.
If conditions for dealing with the complaint are not met, the complainant shall be given a reasonable deadline for a statement and make any necessary corrections. If the irregularities are not corrected within the time limit expires, the complaint shall be rejected unless the Appeals Committee finds that it should be given a new deadline for correction.
If the appeal is pending, the Appeals Committee carry out the investigations which the appeal. It can take into account factors that are not affected in the complaint. If the appeal is withdrawn, the Appeals Committee to consider the matter if there are special reasons for this.
Any person may request access to the documents in appeals. The provisions of § 25 subsections apply correspondingly.
§ 52 court of decisions of the Appeals Committee for IPR ruling from the Patent Office may only be brought before the courts if the right of appeal under § 49 has been used and Appeals Committee for industrial property rights (Appeals Committee) has settled the complaint. The first sentence shall not affect the right to bring proceedings concerning invalidity or deletion according to §§ 35 to 37, or about the right to the trademark.
Appeal board's decision in an appeal may be brought before the courts by the party decision goes against, unless otherwise provided by subsection. Proceedings must be instituted within two months after the date that notice of the decision was sent to the party. Information about the deadline for legal action to be included in the notification of the decision. Lawsuits brought against the State by the Appeals Committee.
The decision of the Appeals Committee of a case concerning the transfer of an application or registration can not be brought before the courts. The same applies to a decision where Appeals Committee rejecting or dismissing an objection, rejects or refuses a request for administrative review under § 40, or maintains a decision made by the Patent Office on such rejection, rejection or denial.
Chapter 7. Assignment and license etc.
§ 53. Assignment A trademark right may be transferred or no connection with the business that the mark relates.
Upon transfer of the business goes straight to the trademarks related to the business transferred to the acquirer, unless otherwise agreed.
§ 54. Licensing A trademark holder may grant another the right to use the trademark for commercial purposes (license). Licensee may not assign court further unless otherwise agreed.
The holder may invoke the provisions of Chapter 8 facing a licensee who contravenes License Agreement on the duration of the license, in which design mark may be used, the goods or services that can be used for, what location mark can be used in, or the quality of the goods or services marked can be used.
§ 55. Expenses etc. A trademark right may not be subject to execution or other separate enforcement proceedings from creditors.
§ 56. Introduction of transfers and licenses the trademark registry, etc. Lawsuits relating to a registered trademark may always be brought against whoever stands as brand partner in the trademark registry and messages Patent Office shall notify the holder can always be sent to this.
Is the right to a registered trademark transferred to another, this shall be recorded in the Trademark Register and published if either party requests it. § 78 shall apply accordingly.
A license for a trademark that is registered or sought registered shall be entered in the Trademark Register and published if either party requests it. The same applies if a registered license is transferred or terminated.
Chapter 8. Sanctions against trademark infringements
§ 57. Prohibition against infringement which have intervened in another's right under this Act, or contributed to it, by judgment forbidden to repeat the action. Whoever has done significant preparatory measures with a view to perform an action that would constitute infringement, or otherwise behaved so that there are reasonable grounds to fear that he will intervene, can the judgment be prohibited from carrying out the action.
§ 58. Compensation and damages for trademark infringement for willfully or negligently trademark infringement should the infringer to pay the right holder:
remuneration corresponding to a reasonable license fee for exploitation, as well as compensation for damage due to the engagement that would not arisen Licensing,
compensation for damage as a result of the procedure, or
compensation corresponding to the gain obtained by the procedure.
Compensation and damages determined by that of foundations in letters a to c that are favorable to the licensee.
Is it acted with intent or gross negligence, the infringing party, if the right holder requires it, instead of remuneration and compensation determined under subsection pay compensation equal to twice that of a reasonable license fee for exploitation.
Subsections applies equally to the participation.
For interventions that have occurred in good faith shall infringing party to the extent that it does not appear unreasonable, pay compensation corresponding to a reasonable license fee for the use or to gain achieved by the intervention.
Liability under subsections may be mitigated by law on 13 June 1969. 26 for damages § 5.2.
The holder of a collective mark may claim compensation also for damage caused to others who have the right to use the mark.
§ 59. Measures to prevent interference To prevent interference the court to the extent deemed reasonable, give orders for preventive measures for products which constitute intervention in a trademark law and for materials and aids which are mainly used or intended to be used , to produce such products. Such an order may inter alia on the products and materials and aids shall:
withdrawn from trade
definitely removed from trade
extradited to the rightsholder.
The decision on measures to be imposed and the choice of possible measures shall be based on a proportionality assessment. It should be taken into account for the encroachment severity, effects of measures and third-party interests.
The first paragraph shall apply correspondingly in cases mentioned in § 57 second sentence.
Initiatives under this section shall not be conditional upon the licensee provides compensation to the measure targets, and does not affect the licensee's right to compensation or damages under § 58. Measures shall be taken defendant's expense, unless special reasons to the contrary.
§ 59 a. Dissemination of information about judgment in a case concerning intervention in judgment in a case concerning infringement the court may decide that the information age will be disseminated appropriately for the infringer's expense. This applies equally to the participation to intervention and in cases mentioned in § 57 second sentence.
§ 60. Basis for acquittal in civil proceedings in civil cases concerning infringement of registered trade mark can only be built on the registration is invalid or can be deleted under the provisions of §§ 35 to 37, if the first is rendered enforceable judgment for invalidity or deletion or if the Patent Office has taken a final decision on this.
§ 61. Penalties committing trademark infringement punishable by fines or imprisonment of up to one year.
If there are aggravating circumstances, the penalty is a fine or imprisonment up to three years. In assessing whether aggravating circumstances exist, particular emphasis on the damage suffered by the right holder, including damage to the licensee's commercial reputation, the profit gained by the infringer has obtained, and the extent of surgery in general.
For violation of this provision may Prosecution omitted if not the public's interest prosecution, cf. Criminal Procedure § 62 a. By engaging in collective mark considered only the holder who offended.
§ 61a. Utilization before announcement of registration Exploiting anyone without the consent of the applicant a trademark registration has been applied during the period between application submission and announcement of registration, § 57, § 58, first to third and fifth and sixth paragraphs, § § 59 and 59 a corresponding to the extent that the application leads to registration.
The limitation period for claims under this section shall not begin to run until the trademark is registered.
Chapter 9. Judicial Provisions
§ 62. Mandatory jurisdiction following proceedings must be brought before the Oslo District Court:
lawsuits concerning verification of decision of the Appeals Committee referred to in § 52
legal proceedings concerning invalidity or deletion of a trademark registration pursuant to §§ 35 to 37
civil action for infringement of registered trademark.
Oslo District Court is the venue for applicants and the holder who is not resident in Norway.
§ 63. Proceedings Law if it is granted a license to use a trademark, both the holder and the licensee legal proceedings for trademark infringement in the licensee's site, unless otherwise agreed.
By intervention in the right to collective mark can only be the holder legal proceedings.
§ 64. Notification of litigation Whoever travels legal proceedings concerning invalidity or deletion of a trademark registration pursuant to §§ 35 to 37, shall simultaneously notify the Patent Office as well as by registered mail to any licensee who is introduced in the trademark registry with address. A licensee who lawsuit for trademark infringement shall similarly notify to the holder.
Documents plaintiff not the necessary notifications have been given, the court may set a deadline for providing messages. If the time limit, the case shall be dismissed.
§ 65. Submission of judge court shall send the Patent Office printing of judgments in civil cases concerning trademark registrations or applications.
Chapter 10. International trademark registration
§ 66. Definitions An international trademark registration is a registration of a trademark that is undertaken by the International Bureau of the World Intellectual Property Organization (WIPO) by the protocol of 27 June 1989 to the Convention on 14 April 1891 concerning the International Registration of Marks (Madrid Protocol ).
NIPO's trademark authority in Norway in matters concerning international registration.
§ 67. Application for international registration Whoever is Norwegian citizen or resident or operating in Norway and holds a trademark registration or have submitted an application for such registration in this country, can apply for the international registration of the trademark by delivering application for it to the Patent Office.
The application must be written, drawn up in English and provide:
applicant's name and address
number and date of the person or Norwegian trademark registrations or applications that the international registration shall be based on
a reproduction of the mark
a list of the goods or services which the mark be registered for
a list of countries or intergovernmental organization which registration is required given effect.
The application shall also fulfill the requirements laid down by the King in regulations. Shall be paid the prescribed fee.
§ 68. NIPO processing the application the Patent Office shall ensure that the requirements of § 67 are met, and that the information in the application is consistent with the information provided in it or the Norwegian trademark registrations or applications that the international application is based.
If the application meets the requirements mentioned in the first paragraph, the Patent Office shall forward the application to the International Bureau.
If the application does not meet the requirements as stated in the first paragraph, the Patent Office shall notify the applicant of this and inform about the effects deficiencies can get. The applicant shall be given a reasonable deadline for a statement and make any necessary corrections. If the applicant has not spoken out or corrected deficiencies by the deadline, the application shall be rejected.
§ 69. Requirements for registration to take effect in another country, etc. Whoever is Norwegian citizen or resident or operating in Norway and possessing an international registration based on a Norwegian registration or application, and wishing that the international registration shall have effect in additional countries or intergovernmental organizations may submit an application for this to the international Bureau or to the Patent Office.
Application delivered to the Patent Office must be in writing, drawn up in English and provide:
applicant's name and address
the international registration number
language or another country or intergovernmental organizations registration is required given effect
whether the application applies to all or only specified the goods or services the international registration covers.
§ 70. Demands that an international trademark registration shall have effect in Norway when the Patent Office receives notification from the International Bureau with a request of the holder of that international registration shall have effect in Norway, the Patent Office shall examine whether the registration terms of §§ 14 to 16 is fulfilled.
Is registration conditions met, the Patent Office shall introduce the international registration of the trademark registry and announce that it has effect in Norway.
Is registration conditions are not fulfilled, the Patent Office partially or completely refuse to grant the international registration effect in Norway. Refusal must be notified to the International Bureau within 18 months after the Patent Office received notification mentioned in the first paragraph.
Event of refusal, the holder of the international registration under the conditions laid down in the Regulations, require that the Patent Office carries out a reassessment of the issue of the international registration shall have effect in Norway.
For NIPO processing claims that an international trademark registration shall have effect in Norway, § 23 accordingly. If the holder of the international registration has invoked priority, § 19.
§ 71. Objection Any person may, within three months from the announcement date file an opposition against the international registration shall have effect in Norway. About the submission and publication of objectionable provisions of § 26 accordingly. About handling of objections apply §§ 27 and 28 correspondingly.
If a condition for registration in accordance with §§ 14 to 16 are not met, the Patent Office shall decide that the international registration in whole or in part shall not have effect in Norway if the deadline under § 70 third paragraph second sentence has not expired, or the Patent Office before the end of mentioned deadline has given the international Bureau the message that it can be filed objections after the deadline and notice of objection is submitted within one month after the expiry of the objection period.
If registration conditions are met, the Patent Office shall reject the opposition.
Holder of the international registration and the opponent shall be notified of the Patent Office decision in opposition proceedings. When the case is finally decided, the outcome recorded in the Trademark Register and published.
§ 72. The effects of an international trademark registration An introduction to the trademark registry that an international registration have effect in Norway, has the same effect as if the trademark was registered in this country. The introduction is effective from the day of registration by the International Bureau deemed to have occurred or from the date of a subsequent designation of Norway.
Registration is valid for ten years from the date of registration by the International Bureau deemed to have occurred. It may be renewed for ten years at a time under the provisions of the Madrid Protocol. If the Patent Office receives notification from the International Bureau of the renewal of an international registration shall be entered in the Trademark Register and published.
An introduction to the trademark registry that an international registration have effect in Norway, may expire in §§ 30 and 45, and is held invalid or deleted according to the provisions in Chapter 5. Repeal according to §§ 30 and 45 must be made within the deadline in § 70, third paragraph, second sentence.
Assignment and licensing of the right of international trademark registrations reported to the International Bureau. Legal proceedings concerning the trademark may always be brought against whoever stands as a holder in the International Registry.
§ 73. The relationship between a national and an international trademark registration If someone possesses both an international registration with effect in Norway and a Norwegian registration of the same trademark, replaces the international registration the Norwegian if the international registration has effect in the realm of a later date than the Norwegian, and all goods or services covered by the Norwegian registration included in the list of goods or services covered by the international registration as it applies to Norway. This means no restrictions on rights already acquired on the basis of the Norwegian registration.
As required by the holder shall NIPO introduce the trademark registry and announce that the international registration has replaced the Norwegian.
§ 74. The effects of an international trademark registration ceases If an international registration in whole or in part shall cease to apply, ceases while its effect in Norway to the same extent. This will be recorded in the Trademark Register and published.
§ 75. Conversion to a national trademark registration If an international registration which has effect in Norway wholly or partly cease to apply due to the elimination of the national registration or application on which it is based, and the holder then facing the Patent Office submits a claim for registration trademark in this country, should such registration have effect from the date of the international registration took effect in Norway provided the claim is submitted within three months from the date of the international registration ceased, and the goods or services specified in the claim, was covered by the international registration as it applied in Norway.
If an international registration which has effect in Norway partially or completely cease to apply as a result of termination of the Madrid Protocol, and the holder then facing the Patent Office submits a claim for trademark registration in this country, should such registration take effect on the day the international registration took effect in Norway if the claim is submitted within two years from the day the withdrawal became effective, and the goods or services specified in the claim, was covered by the international registration as it applied in Norway.
§ 76. Access to documents Any person may request access to documents in the Patent Office in cases under this chapter. § 25, second and third paragraphs shall apply correspondingly.
Chapter 11. MISCELLANEOUS PROVISIONS
§ 77. Address for correspondence Communications of the Patent Office or Board of Appeal to seek registration holder, inns or one that has required administrative review under § 40, are always regarded as delivered when they are sent to the address which he recently told the Patent Office or Appeals Committee. Address recorded in the Trademark Registry. For applicants and registration holders who have proxy may notifications are sent to the proxy.
If the registered address proves to be incorrect, consumed notification or a summary in Norwegian Trademark Gazette, with an indication that the document can be obtained from the Patent Office or Board of Appeal.
Can preaching or other procedural notification does not happen at the registered address or by proxy, the second paragraph corresponding to justice. The document will then be considered as declared or notified four weeks after the release of the Norwegian Trademark Gazette.
If an applicant or registration holder otherwise have appointed a representative to represent him in matters relating to the application or registration, the representative's name and address recorded in the Trademark Registry. The same applies if one realizes or one that has required administrative review has appointed a representative to represent him in matters relating to the objection or review requirement.
§ 78. Proof of registration in their home country applicant for registration of a trademark without doing business in this country, and who are not resident in a State party to the Paris Convention of 20 March 1883 for the Protection of Industrial Property or 15 april 1994 establishing the world trade Organisation (WTO) agreement, must prove that the trademark is registered for them in their home country for the goods or services applied for.
The first paragraph does not apply if the applicant's home country does not require similar documentation trademarks to be registered where the proprietor of a business in Norway.
§ 79. Right to registration in their home country King may by regulations provide that a trademark registered in a foreign state, on further conditions to be registered in this country so that it is registered in the foreign state.
If under subsection registered a trademark that otherwise could have obtained protection by registration in this country, the registration protection no further scope or for longer than in the foreign State.
§ 80. Effect of exceeding the time limit Whoever facing the Patent Office has exceeded a deadline set by or pursuant to the provisions of Chapters 2, 4, 6 or § 68 third paragraph, and as a result has suffered loss of rights, shall when it so requires , still get a case taken under treatment if it is proved that the person himself and possibly proxy has shown the care that can be reasonably expected. The claim must be filed in writing with the Patent Office within two months after the impediment that led to met the deadlines ceased, and no later than four months after the deadline. Within the same time shall the omitted act be undertaken. Shall be paid the prescribed fee.
The first paragraph does not apply to deadlines under § 19 of priority, the deadline to appeal the decisions referred to in § 49 subsections or lawsuits deadline under § 52 second sentence.
§ 81. Regarding Trade Register, etc.. NIPO leading trademark registry and publishes a Journal where registrations etc. announced.
Everyone has the right to see the trademark registry and get certified copies of it. For prints shall be paid the prescribed fee.
For copies of documents that are public under this Act, shall be paid the prescribed fee. Contribution rates for printing and copying pursuant to this paragraph shall be determined so that the total income is not greater than the actual costs of teaching of information, plus a reasonable profit.
§ 82. Regulations pursuant to the Act (fees, etc.). The King may by regulations make further provisions to ensure the implementation of this Act. The King may provide inter alia provisions on:
delivery and processing of applications and objections, including the right to use a language other than Norwegian in correspondence with the Patent Office
international applications and registrations
sharing and merging of applications and registrations and the fees for this
length of the deadlines under the Act
recognition of and transparency in trademark registry
announcements by law
the Journal of the Patent Office publishes
tax rates and payment of fees.
Chapter 12. Final Provisions
§ 83. Commencement and Transitional Provisions Act applies when the King bestemmer.1 At the same time as the law put into effect repealed the Act of 3 March 1961 no. 4 Trademark and law 3 March 1961 No.. 5 on collective marks.
§ 32 first sentence applies only to applications submitted after the Act has come into force.
Applications for registration of trademarks and collective marks which are filed before the law comes into force, shall be deemed to comply with the content of the application if the provisions of this law in March 3, 1961 no. 4 Trademark and law 3 March 1961 No.. 5 on common brands with regulations are met.
Registration trademark or collective mark which has occurred prior to the entry into force can only be revoked after an objection or set aside as invalid to the extent that would have been grounds for it by law on 3 March 1961 no. 4 Trademark and law 3 March 1961 No.. 5 on collective marks. The rules regarding deletion of §§ 36, 37, 42 and 43 shall nevertheless also for registrations that have occurred before the law takes effect. Otherwise law also applies to registrations that have occurred prior to that date.
§ 84. Amendments to other Acts - - -