Trademark oppositions in Norway are governed under Chapter 3 of the Trademarks Act 2010 administered by the Norwegian Industrial Property Office (NIPO) also known as Patentstyret. Norway has a post-registration opposition system, allowing anyone to file an opposition after a trademark is registered and published in the Norwegian Trademarks Gazette.
Procedure for Trademark Opposition:
- Filing a notice of opposition: Within three months from the publication of registration, any person may file an opposition to the registration in writing. The opposition deadline is non-extendable.
- Notification and Response: Once a valid opposition is received, NIPO notifies the trademark holder, who is given a deadline of one month to file a counter-statement.
Both parties can request an extension of the deadline if more time is needed to respond to the opposite party’s arguments.
Further, if the parties are negotiating for an amicable solution, a joint request for postponement of the opposition case can be submitted with NIPO which shall postpone the matter for at least two months. - Final Decision: After considering the arguments from both sides, NIPO issues a decision to either maintain, partially cancel, or entirely revoke the trademark registration.
- Appeal Procedure: The losing party may challenge NIPO’s decision by filing an appeal to the Board of Appeal for Industrial Property Rights (KFIR) within two months of the decision being served. This deadline cannot be extended. A decision from the Board of Appeal can be appealed to the Oslo District Court.