Regulations on the registration of responsibility marks


Date FOR-2010-12-20-1812


Ministry of Industry and Ministry of Fisheries


Published in 2010 Booklet 15


Commencement 01/01/2011

Edited

FOR 2013-03-01-246 from 01/04/2013

Changes


For
Norway

Legal
LOV-2010-09-03-52-§5

Promulgated
04.01.2011 kl. 15.30

Vocational
14/01/2011 (regulation title in § 2 and § 7)

Short Title
Regulations on the registration of responsibility marks

Adopted of Trade and Industry on 20 December 2010 pursuant to the Act on 3 September 2010 No.. 52 on articles of precious metals, etc. § 5.
Changes: Amended by Regulation 1 March 2013 no. 246.

§ 1. Hallmarks Register Patent Office maintains separate register of responsibility marks.
A Hallmark comes to gold, silver and platinum items.

§ 2. Written delivery application for registration of a hallmark submitted in writing to the Patent Office a separate application form.
Requirements of these Regulations as to written may be fulfilled through electronic filing happens in accordance with the Regulation on 13 December 2010 No.. 1646 on charges and fees to NIPO mv.
Provisions on when a document is considered delivered with suspensory effect have been issued on 13 December 2010 No.. 1646 on charges and fees to NIPO mv.

§ 3. Language The application must be in Norwegian. Subsequent correspondence may also be in the Danish or Swedish.
Patent Office may always require that documents that are not in Norwegian, be translated. The Patent Office may require that the translation is confirmed by sworn or otherwise.
Patent Office may in individual cases approve a language other than mentioned in the first paragraph, second sentence.

§ 4. Content of the application The application must be signed by the applicant or his representative and contain:

1.
Applicant's name or business name and address, and possibly also the name or business name and address

2.
Any particular correspondence in accordance with § 5

3.
A reproduction of the hallmark.

It can only be applied for one hallmark in one application. If it be registered several liability brands in the same application, the Patent Office shall give the applicant a reasonable deadline to declare which hallmark to be continued in the application.

§ 5. Address for correspondence Trademark Act § 77 shall apply mutatis mutandis to the Hallmarks. Unless otherwise stated in the application, the address is given under § 4 no. 1 address for notices and announcements mm Has the applicant or licensee appointed proxy, the proxy's address to address as far as the authorization ranks. If there are several applicants, licensees or their representatives, and unless otherwise indicated, is the address of the first mentioned, address for correspondence. Seeking or licensee may unsubscribe at any new address for correspondence with the Patent Office.

§ 6. Authorisation In order for a proxy may withdraw the application or require registration deleted, there must be an authority for this which is signed by the applicant or holder.

§ 7. Fee for application for registration of a hallmark shall be paid on demand NOK 1000. If the prescribed fee is not paid within the deadline Patent Office, application shall be deemed as not filed.
For resumption of an abandoned application under § 9, fourth paragraph shall be paid on demand NOK 500. If the prescribed fee is not paid within the deadline Patent Office, considered the requirement for the resumption of not filed.
For requests for renewal by a hallmark registration according to § 12 is NOK 700. For requests for renewal happens within six months after the expiry of the registration period shall be paid a surcharge (respittavgift) at $ 300. If the prescribed fee not payable by the deadline Patent Office, is considered protected as ceased.
For consideration of an appeal in the Board of Appeals pursuant to § 13 shall be paid on demand NOK 2500. If the prescribed fee is not paid within the deadline Patent Office, considered the complaint as not filed.
For treating an administrative review pursuant to § 14 shall be paid on demand NOK 2500. If the prescribed fee is not paid within the deadline Patent Office, considered the request for administrative as not filed.
Provisions concerning when a fee shall be considered paid with suspensory effect have been issued on 13 December 2010 No.. 1646 on charges and fees to NIPO mv.

§ 8. Registration Prevent hallmark may not be registered if:

1.
Contrary to law, public order or morality,

2.
Is likely to mislead,

3.

Is likely to be confused with another's business name or stamping, responsibilities, or registered mark for another after an application filed earlier or with a trademark established by another when the application for registration was filed.

Hallmark may not be registered if it is less than five years since the registration expired for the same hallmark registered for another.
Hallmarks are likely to be confused if the case of goods of the same or similar kind.

§ 9. Visa processing application is regarded as filed even if it does not meet the terms of § 3 and § 4 no. 1-2, if it is subsequently corrected or delivered correctly.
If the application is not in the prescribed form, or it is nothing to prevent the registration, the Patent Office shall notify the applicant of this. The applicant shall be given a reasonable period in which to respond and in case correct the irregularities.
Deficiencies in application shall not preclude the application will be deemed served on the day it came in the Patent Office, provided that the defect is made within the time limit the Patent Office. Before reproduction of the mark is received by the Patent Office application will nevertheless have no legal effect in favor of the applicant.
If the applicant does not respond or remedy the defect within the deadline, the application shall be dismissed. Visa processing may be resumed if the applicant within two months after the expiry of the deadline stated or corrects the defect. Shall be paid the prescribed fee. Resumption granted only once during the processing of the application.
Applicant has replied to the Patent Office notification within the prescribed period, but there are still deficiencies in the application or there are other obstacles preventing registration, the application shall be refused unless the Patent Office finds that the applicant should receive a new report with a new deadline. The provisions of the Administration Act apply as supplementary provisions to these regulations, with the exception of Chapter VI.

§ 10. Registration If the application in the prescribed form, and it is not found no impediment to registration, the mark must be entered in the register and registration letter sent to the applicant. The registration will be announced.

§ 11. Registers The duration of registration is valid for ten years from the application date, cf. § 2.
registration can be renewed under the provisions of § 12.

§ 12. Renewal Registration may, at the request of the holder, be renewed for ten years at a time, counting from the expiration of the previous registration period.
A request 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. Comes claim within six months after the expiry of the registration period, must also be paid a surcharge (respittavgift).
Payment of the renewal fee accompanied by the hallmark registration number, made within the time limits under the second paragraph shall be deemed as a written request for renewal.
The provisions of § 8 apply correspondingly as appropriate to the processing of requests for renewal.

§ 13. Appeals and judicial review The final decision in the Patent Office of a registration application may be appealed to the Appeals Committee for industrial property rights (Appeals Committee) if the decision goes against the applicant.
The provisions of § 3 shall apply correspondingly insofar as appropriate.
Appeal must be filed with the Patent Office within two months from the date of notification of the decision was sent to the applicant. Otherwise the appeal shall be dismissed.
Final decision on the appeal board may be brought before the courts if the decision goes against the applicant. A claim must be filed with the court within two months from the date of notification of the decision was sent to the applicant. Notification of the deadline for legal action to be included in the notification. Lawsuits brought against the State by the Appeals Committee.
Lawsuits mentioned in the third paragraph shall be instituted by the Oslo District Court. The traveling lawsuits shall simultaneously notify it to the Patent Office.

§ 14. Administrative Review A request for administrative review must be submitted in writing to the Patent Office and

1.
Provide the name and address of the person who submitted the claim,

2.
State registration that is requested,

3.
State which grounds for the demand, and

4.
Include the necessary documentation of circumstances cited to support the claim.

If the claim does not meet the conditions laid down in the first paragraph, the Patent Office shall provide a reasonable time for comment 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.
The provisions of § 3 shall apply correspondingly insofar as appropriate.
Shall be paid the prescribed fee.
An administrative review may be submitted by any period of registration.

An administrative review and any subsequent communication to be submitted in duplicate.
Is it delivered two or more requests for review of the same registration, the Patent Office may merge them into one case unless submitted objectively justified objections against this.
Patent Office may take into account factors that are not affected in the request for review.
The provisions of § 13 apply correspondingly insofar as appropriate.

§ 15. Deletion request from the holder for deletion of a hallmark of the register shall be submitted in writing to the Patent Office and shall specify the registration number of the registration be expunged. The request shall be signed by the holder or by a representative the holder has given the authority to require deletion.

§ 16. Assignment right to a hallmark may be transferred or no connection with the business as it is attached to.
Upon transfer of the business goes right hallmark of the transferee, if it is related to business and not otherwise agreed.
Request for recording in the register on the transfer of responsibility mark must be submitted in writing to the Patent Office. The request shall be signed by the proprietor or his representative.

§ 17. Commencement and transitional rules These regulations take effect on 1 January 2011.
For hallmark records that are registered at the time of entry into force of this regulation, the registration's duration is calculated from the date of registration.
Application for registration of responsibility marks under consideration at the time of entry into force of this Regulation, are subject to these regulations.
The provisions of these Regulations shall apply to the extent applicable the responsibility registrations of entry into force of this regulation.
For hallmark filings registered before 2005 must registrations renewed by 2015.