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Norway

Brands in the Nordics embrace change as filings remain steady: exclusive data analysis 

In our latest data report, we look at Sweden, Norway, Denmark and Finland, and reveal how the leading brands in each country are having to adapt their business tactics to maintain a competitive edge in a changing market.

Brands in the Nordics embrace change as filings remain steady: exclusive data analysis 
12 Oct 2018

Coca-Cola dispute sparks censorship debate, Alfred Dunhill scores big in China, and Belt and Road IP cooperation: news round-up

In our latest round-up, we look at how brands should share bad news, why Chinese companies have been accused of “poor branding”, Silk Road member states strengthening IP cooperation, and more.

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1 Aug 2019

Fjällräven’s G 1000 mark cancelled for goods in Class 25

In a decision that deviates from existing case law and administrative practice, the Oslo District Court has cancelled Fjällräven’s registered trademark G 1000 for goods in Class 25, holding that the mark was not used to communicate the commercial origin of the goods. Read more

28 Jan 2019

Litigation procedures and strategies: Norway

While the bar is set quite high for evidencing use-acquired trademark rights, owners of unregistered trademark rights are afforded the same courses of action as proprietors holding registration certificates from the NIPO. Read more

4 Dec 2018

Coca-Cola victorious in dispute with local soda producer over SPRITE mark

Soft drink giant Coca-Cola has prevailed in a dispute with Swedish soda producer O Mathisen AS over the use of the marks JALLASPRITE and JALLAXXXXXX. Read more

14 Nov 2018

Should government act as defendant when private party appeals decision to cancel mark?

According to a proposal made by Norway’s Department of Justice in the context of the implementation of Directive 2017/2436, the government would no longer act as the counterparty when a decision to cancel a trademark is appealed to the district court. Read more

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Enforcement and litigation

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1 Aug 2019

Fjällräven’s G 1000 mark cancelled for goods in Class 25

In a decision that deviates from existing case law and administrative practice, the Oslo District Court has cancelled Fjällräven’s registered trademark G 1000 for goods in Class 25, holding that the mark was not used to communicate the commercial origin of the goods. Read more

28 Jan 2019

Litigation procedures and strategies: Norway

While the bar is set quite high for evidencing use-acquired trademark rights, owners of unregistered trademark rights are afforded the same courses of action as proprietors holding registration certificates from the NIPO. Read more

14 Nov 2018

Should government act as defendant when private party appeals decision to cancel mark?

According to a proposal made by Norway’s Department of Justice in the context of the implementation of Directive 2017/2436, the government would no longer act as the counterparty when a decision to cancel a trademark is appealed to the district court. Read more

9 May 2018

No trademark use? Shipment of Apple iPhone screens with obscured logos found not infringing

A Norwegian court has issued a surprising decision regarding what constitutes ‘trademark use’ in a case involving a shipment of Apple iPhone screens that had their trademarks temporarily covered. Read more

Goverment/policy

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17 Apr 2018

WHOIS access charges, NGOs take aim at watch list plans and INTA applauds ‘Brand India’: news round-up

In our latest round-up, we look at a registry’s plans to charge trademark owners for access to WHOIS data and  the war of words over plans for an IP markets watch list. Read more

Online

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29 Sep 2017

Oslo District Court invalidates registration of APPEAR

The Oslo District Court recently dismissed an infringement suit against the domain names ‘appear.in’ and ‘appear.no’ on the basis that the word mark APPEAR is non-distinctive and descriptive for telecommunication goods and services. However, the court upheld the registration for the combined mark APPEAR TV. Read more

Portfolio management

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29 Sep 2017

Oslo District Court invalidates registration of APPEAR

The Oslo District Court recently dismissed an infringement suit against the domain names ‘appear.in’ and ‘appear.no’ on the basis that the word mark APPEAR is non-distinctive and descriptive for telecommunication goods and services. However, the court upheld the registration for the combined mark APPEAR TV. Read more

28 Feb 2017

Supreme Court invalidates registration for ROUTE 66

The Supreme Court has found that the registration of the mark ROUTE 66 for certain tourism-related goods and services was invalid. Among other things, the court found that the average Norwegian consumer would perceive ROUTE 66 as a geographical place. The fact that this road stretch had lost its formal status as part of the US highway system did not imply that it could no longer be considered as a geographical place. Read more

24 Nov 2016

Protecting and enforcing design rights: Norway

Community designs offer no protection in the Norwegian territory since Norway is not part of the European Union. Hence, in order to obtain a design registration, a design owner must file a national registration with the Norwegian Industrial Property Office (NIPO) or an international design registration designating Norway via the Hague System. Read more

Trademark law

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9 May 2018

No trademark use? Shipment of Apple iPhone screens with obscured logos found not infringing

A Norwegian court has issued a surprising decision regarding what constitutes ‘trademark use’ in a case involving a shipment of Apple iPhone screens that had their trademarks temporarily covered. Read more

13 Mar 2018

Procedures and strategies for pharmaceutical brands: Norway

Developing and protecting new pharmaceutical product names in Norway is a complex task, requiring experience and know-how at all stages of the process. This chapter outlines key issues to be considered when choosing a new pharmaceutical trademark in Norway. Read more

26 Feb 2018

Supreme Court: risk of damage to one of trademark's functions is sufficient to constitute infringement

The Supreme Court has considered whether use of a former supplier's mark on the packaging of the new supplier’s products constituted infringement.  Read more

21 Dec 2017

Litigation procedures and strategies: Norway

The most relevant legislation relating to trademarks is the Trademark Act (2010/8), implementing the EU Trademarks Directive (2008/95/EC), which applies to Norway as a party to the EEA Agreement (despite Norway not being a part of the European Union). Norwegian legislators are currently working on amendments to bring the Trademark Act into line with the 2015 EU Trademarks Directive (2015/2436). Read more

trending

1

WHOIS access charges, NGOs take aim at watch list plans and INTA applauds ‘Brand India’: news round-up

2

Coca-Cola dispute sparks censorship debate, Alfred Dunhill scores big in China, and Belt and Road IP cooperation: news round-up

3

Litigation procedures and strategies: Norway

4

No trademark use? Shipment of Apple iPhone screens with obscured logos found not infringing

5

Supreme Court: risk of damage to one of trademark's functions is sufficient to constitute infringement

latest

1

Fjällräven’s G 1000 mark cancelled for goods in Class 25

2

Litigation procedures and strategies: Norway

3

Coca-Cola victorious in dispute with local soda producer over SPRITE mark

4

Should government act as defendant when private party appeals decision to cancel mark?

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Eric Su
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Shanghai, China
HongFang Law & IP Consulting Firm
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