Patentstyret
Patentstyret
International Trademark Registration
International trademark protection is now easy to obtain!

The Madrid Protocol - system for the international registration of trademarks of which Norway is a member.

Community Trademark (CTM) - valid in all Member States of the European Union.

  

The Madrid Protocol  

The Madrid Protocol is a system for the international registration of trademarks, of which Norway is a member. 

  • Individuals or companies in any of the member countries of the Madrid Protocol may apply for registration of a trademark in other member countries on the basis of a national application or registration of a trademark.
  • It is easier and cheaper to submit one international application via the Madrid Protocol than to apply separately in each country.
  • The number of member countries is constantly increasing. A registration under the Madrid Protocol will enable the holder to extend this registration at a later date to apply to new member countries. This is known as "subsequent designation". 
     

How to apply for trademark registration under the Madrid Protocol 

Norwegian applicants wishing to make use of the system should submit an application to the Norwegian Patent Office.
An application for international trademark registration must be based on an application or registration made in the country of residence.

Those countries for which you want to apply for trademark protection must be indicated.

The Norwegian Patent Office will send the application to WIPO (World Intellectual Property Organization), which will register the mark and then distribute it to the countries indicated. The patent authorities in each country will consider whether the trademark can be registered in the country concerned.

Processing time in each country may vary, but is not normally longer than 18 months. The reason for this is that the regulations regarding the Madrid Protocol stipulate that national authorities have only 18 months in which to refuse registration. If the mark is not rejected within this period, it is considered registered in the country concerned.

Applications must be written in English and must not be hand-written.

pil More information on filing an application can be found on WIPO's web site.
pil Application forms (kode MM2) can also be downloaded from the WIPO website.

      

What does it cost to apply for trademark registration under the Madrid Protocol? 

The Norwegian Patent Office requires a clearance fee of NOK 550.

pil Further charges can be found here. All charges are given in Swiss francs.
pil List of member countries which charge an individual fee.
pil WIPO's Fee Calculator
pil WIPO's pages on the Madrid Protocol


Is a Norwegian representative necessary, when designating Norway in an international trademark registration?

As a general rule, an applicant or holder of a registered mark not residing in or having his principal place of business in Norway, must have a representative domiciled in Norway who can communicate with the Norwegian Patent Office on his behalf. This also applies to the holder of an international trademark registration with country of origin other than Norway, wishing to obtain protection for the international trademark registration in Norway. However, there are some exceptions to this rule.

The holder does not need a national representative to:

  • apply for an extended time limit,
  • submit regulations for collective marks,
  • point out obvious errors in a refusal of protection or
  • submit a declaration of consent from a third party.

In these cases only, the holder or his WIPO representative may communicate in writing directly with the Norwegian Patent Office.

 


  

Community Trademark (CTM)

A Community Trademark is valid for all Member Countries of the European Union (this does not include EEA countries). Norwegian citizens and companies based in Norway may send an application directly to the trademark authorities at OHIM (Office for Harmonization in the Internal Market). However, at a later stage in the application process, they are required to use an agent, authorized to act for clients in the EU. The agent must also be authorized by OHIM to act on behalf of trademark applicants.

NB: This is only a short description of the Community Trademark. If you are considering applying for a Community Trademark, it is advisable to read the information given on OHIM's web site, and to contact an agent who can assist you with your application. 
 

Last changed: 09/03/2007


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