Oppositions & infringements
The Norwegian Patent Office carries out ex officio examinations, and will cite prior registrations or pending applications that they find liable to be confused with the mark applied for. However, you may file a protest on your own initiative at any stage during the examination of the mark. A protest may also be filed for other reasons, e.g. based on other registered or unregistered rights, lack of distinctiveness, etc.
Third party objections filed prior to publication is commonly referred to as protests. When filing a protest, you will not become a party to the proceedings. However, the applicant will be notified of your protest, and your statements will be taken account of by the Norwegian Patent Office when evaluating the registrability of the mark.
When filing an opposition during the two month opposition period, you will become a party to the opposition proceedings, and you and the applicant will each be given the opportunity to file 2-3 submissions before a decision is made. If you do not become aware of the registration until after the expiration of the opposition period, the validity of the registration will have to be tried by way of court action.
Generally speaking, a court action may also become necessary in instances of actual unjustified use of marks that are confusingly similar to yours (infringement actions).
Our in-house attorneys-at-law may assist you through all steps relating to oppositions, appeals and infringements, including administrative procedures as well as litigation.
