The trademark was refused - What now?

Unclear products

The Norwegian Industrial Property Office and the Trademark Act require that you clearly state which goods and services you want protection for.

This is to prevent you from seizing the mark for goods and services that you do not supply and that cannot be confused with yours.

When you search with Equip, we guarantee the description. If, contrary to expectations, it needs to be clarified, we will fix this at no cost.

 

Lack of distinctiveness

To be registered, the mark must have distinctive character. This means that the mark must be capable of distinguishing your products from those of others.

This is to ensure that trademarks function properly and prevent someone from gaining exclusive rights to common descriptive words and symbols.

The Norwegian Industrial Property Office is above average in its assessment of distinctiveness. If they initially believe the mark lacks distinctiveness, it can be difficult to get them to change their assessment. But occasionally the case officer has had a bad day, or misunderstood something.

Furthermore, brands may have acquired distinctiveness through use and incorporation into the market.

Alternatively, it may be appropriate to apply for the mark in another form that adds more distinctiveness, such as a logo, when the word mark is refused.

Equip has the knowledge and experience to recommend the right solution for you.

 

Danger of confusion

The last common reason for refusal is that the mark you are applying for may be confused with one or more registered marks.

Even if the Norwegian Industrial Property Office believes that the marks are too similar, this may not be the case in practice. A common solution is therefore to obtain consent from the holder of the older registration.

Often the older registration will not match how the older mark is used. Goods and services for which the registration has not been used for the past five years can, if necessary, be requested to be deleted, to free up space for your application.

Equip finds the right solution for that, quickly and efficiently.