Asked in Trademark and Intellectual Property

Q: I want to get a trademark for my clothing brand. I live in Norway and want to gain full owner rights over my brand.

I want to have an international trademark so I have owner rights everywhere in the world. I don't know what way to go and need some guidance.

2 Lawyer Answers
Alan Harrison
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Answered

A: As a resident of Norway who wants an international trademark, you can find good resources at https://www.patentstyret.no/en. They may even have a list of attorneys or agents who could help you to make an international filling. Because Norway is not part of the EU, you would need a Norwegian trademark attorney to make a national filing in your home country as the basis for an international filling. Your attorney will explain that there is a six month limit for claiming priority if your original filing, but that you can file a trademark application at any time so long as no one else has obtained a conflicting registration.

James L. Arrasmith
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Answered

A: To obtain trademark protection for your clothing brand in Norway, you would start by registering your trademark with the Norwegian Industrial Property Office (NIPO). This process involves submitting an application, including details of your trademark and the goods or services it will cover. It's important to ensure that your brand meets the requirements for trademark registration, such as distinctiveness and non-infringement on existing trademarks.

For international protection, you can apply for a trademark through the Madrid Protocol, which Norway is a part of. This system allows you to file one application and designate other countries where you want your trademark to be protected. Keep in mind that each designated country will decide according to its own laws whether to grant protection. The World Intellectual Property Organization (WIPO) administers this process.

Before proceeding, it's wise to conduct a comprehensive search to ensure your brand isn't already in use or registered. Additionally, consider consulting with a legal advisor experienced in intellectual property law to navigate the complexities of trademark registration. They can provide tailored advice and help streamline the application process.

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