Trademarks

Why register your trademark?

A trademark may consist of a name, logo, slogan, jingle, animation, smell or sound or, in some cases, the shape or appearance of a product.

The brand is a tool for identifying you in the market and allows consumers to consciously choose your goods or services over your competitors’ goods and services. It is important to ensure you have exclusive rights to exploiting these assets and that you are in a position to prevent others from using the same or similar trademarks without your authorization. Exclusive rights in a trademark in Norway is obtained through registration at the Norwegian Industrial Property Office or through extensive use on the Norwegian market (use-acquired rights). Exclusive rights in a trademark implies that you can prevent competitors from registering and using the same or similar trademarks, regardless of the competitor’s reason or intention for its choice of trademark.

Our lawyers are among the country’s foremost trademark experts with special expertise and experience in consulting Norwegian and international clients within a wide range of sectors. We assist with everything from registration of trademarks, licensing and contracts to conflict resolution and enforcement of rights.

Portfolio management and trademark monitoring

We monitor and manage our clients’ trademark portfolios, both in Norway and abroad. Our experienced lawyers ensure tailored management of each client’s portfolio, including keeping track of all current deadlines and fees and renewals of registrations. In Norway, trademark registrations must be renewed every 10 years and will remain validly registered until cancelled or invalidated. We work actively to identify each client’s needs and handle any necessary changes and amendments so that the portfolio is in line with legal development and the client’s strategy for exploiting its trademark rights.

Bryn Aarflot offers monitoring services to detect attempts by a competitor to register or use trademarks that violate our clients’ rights. In many countries, the trademark authorities do not examine new applications on relative grounds, and it is up to the holder of a prior right to take timely action against applications for registration of similar marks. A monitoring service may thus be essential to effectively enforce your rights.

Trademark disputes and legal procedures

What can you do if you discover infringing use of your trademark rights? And how should you handle a trademark infringement claim made again your use of a trademark?

Trademarks often represent a significant asset for businesses, and we recommend using qualified expertise should a conflict arise. Bryn Aarflot’s lawyers are highly experienced in risk assessment and analysis of trademark infringement, including assessment of relevant measures or steps needed to resolve the dispute. We assist our clients within all aspects of dispute resolution, from administrative proceedings and out-of-court dispute resolution, to cases before different committees and bodies, as well as court proceedings.