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Where URLs are requested below, it is preferred that either URLs which a= re likely to remain stable over time (three years or more) are provided, or= home (main) page URLs are provided with a short explanation of how to acce= ss the corresponding information.
The national trademark applications are normally filed in standardized p=
aper form. Application forms in pdf-format (key in of data, print out and s=
torage of forms is possible) are, since 2001, available from the web site o=
f the Norwegian Patent Office (hereafter referred to as the =E2=80=9CNPO=E2=
=80=9D) at: www.patentstyret.no. If filed by telefax, the original document=
must promptly be submitted by regular mail.
Filing of applications and communications using e-mail is allowed, but not=
recommended, due to possible security and data format problems.
Use of a standard form (paper or electronic) is not an absolute requiremen=
t for being accorded a filing date for any type of application, or, in orde=
r to meet a time limit. Neither is there a requirement to use a standard fo=
rm for the filing of any other kind of communication.
The notifications referring to designations under international registrati=
ons according to the Madrid system, are downloaded electronically as SGML f=
iles by ISDN-connection and imported into our database. We also receive and=
process paper copies of all notifications, including designations.
All national applications and designations under international registratio=
ns, including all (most of the) bibliographical data, and subsequent notifi=
cations and communications, are kept record of in our database, which also =
is the official national register for registered trademarks and internation=
al marks protected (granted protection) in Norway.
Some statistical data:
Number of national applications filed in 2002: 5 757
Number of national applications filed in 2003: 5 587
Number of designations of Norway under the Madrid system in 2002: 6 945
Number of designations of Norway under the Madrid system in 2003: 6 666
Total number of applications/designations in 2002: 12 702 Total number of =
applications/designations in 2003: 12 253
A decrease of 3.5 % from 2002.
Total number of trademark cases (national applications and Madrid designat=
ions) having ended with a final decision in 2002: 14 823
Total number of trademark cases (national applications and Madrid designat=
ions) having ended with a final decision in 2003: 13 603
All bibliographical data for trademarks have been stored in our database=
, VARBAS, for several years. The information contained therein is the basis=
for the generation of the Norwegian Trademark Gazette (=E2=80=9CNorsk Vare=
merketidende=E2=80=9D)]. The Gazette is produced by Microsoft Word macros a=
nd built in SQL questions. The wordfiles are then imported into Adobe Page =
Maker where the final layout is handled. Then the PDF-file version of the g=
azette is published on the web site of the NPO. All marks filed and registe=
red in colors are published in colors. Date of publishing is the date of ma=
king the gazette available for the public on our web site where it is avail=
able free of charge.
The Gazette is published weekly. From January 1, 2002, the Trademark Gazet=
te is available in electronic format only (pdf-format), from the NPO=E2=80=
=99s web site www.patentstyret.no . We have no longer a subscription servic=
e, and we do not send paper copies of the gazette to patent offices or libr=
aries or others.
Nice Classification:
Norway uses the International Nice Classification as its classification sy=
stem for goods and services. Even the oldest registrations are classified a=
ccording to this system based on reclassification by the Norwegian Patent O=
ffice. In the register you will find marks with lists of goods / services c=
lassified in accordance with all prior versions of the Nice Classification.=
In the computerized search procedures for conflicting marks, the search is=
limited primarily to the same class numbers and class numbers of classes p=
redefined as =E2=80=9Cconflict classes=E2=80=9D, not the specified goods an=
d services within each class.
However, in the subsequent manual examination of applications (designation=
s), the complete list of goods and services is examined. This is imperative=
when older registrations or older still pending applications cover specifi=
ed goods and/or services and not only the whole classes. Up until April 1 ,=
1996, it was allowed to apply for and register any trademark or collective=
mark for any Nice class with the general and =E2=80=9Cexhaustive=E2=80=9D =
wording =E2=80=9Call the goods=E2=80=9D or =E2=80=9Call the services=E2=80=
=9D.
The complete Nice Classification list is translated into Norwegian and pub=
lished by the Norwegian Patent Office on the Internet. A list according to =
the eighth edition of the Nice agreement was published in January 2002.
The Office has stored all the versions of the Nice Classification and all =
the pre-defined terms in our database which can be used when checking the p=
roper classification. This function, however, is not yet subject to automat=
ion.
There is no obligation to use pre-defined terms in the classification. How=
ever, some terms may not be accepted if they are too vague/or if they are a=
mbiguous.
The goods specified by the applicant to be in a certain class, will set th=
e frames of the scope of protection. If the applicant applies a trademark f=
or shoes in class 9, he will only receive protection for the shoes to be fo=
und in class 9, and not for shoes in other classes, such as 10 and 25.
=
A new development of functionality in our new national trademark database =
will make it possible to indicate for any mark which version of the Nice Cl=
assification the mark is classified in accordance with.
Vienna Classification:
Norway is not a member of the Vienna Agreement for Classification of the F=
igurative Elements of Marks, but is using the system with some national ada=
ptations and modifications. Paper copies of any figurative mark, or any mar=
k with figurative elements are kept in a manually operated file system. A c=
opy of the mark is stored under all classes and/or subclasses in which the =
mark has been classified. To all copies of the mark there is attached a ful=
l set of bibliographical data. Applied marks are sorted in application numb=
er order and registered marks in registration number order. The file compri=
ses all pending national applications and international registrations not y=
et granted and all valid national registrations and international registrat=
ions granted protection in Norway.
No additional written, descriptive information is added to the classificat=
ion information.
In addition, stylized word marks - words given a special graphic design - =
must go through the normal searching and examination process described belo=
w.
The Vienna Classification of international registrations performed by the =
International Bureau (WIPO) is considered as a guideline, but may be altere=
d by the NPO, as our classification practice and policy may not be quite in=
line with the WIPO classification practice and policy.
The NPO keeps a file which is the manual search file for figurative mark=
s (see III above), systematized according to the Vienna Classification. Thi=
s file consists of pending and registered trademarks. This file is updated =
continuously.
There are no manual files concerning regular word marks.
The Norwegian Patent Office also keeps an internal and non-official regist=
er for precedent cases =E2=80=93 namely for refusal decisions, decision in =
opposition cases and Board of Appeal decisions.
The already mentioned electronic trademark register, which also includes=
the official document/correspondence journal, is kept on a server in a loc=
al network of PCs, and allows simple searches for identical or similar mark=
s. Marks with figurative element, or word marks in non-standard characters =
or fancy layout, are all scanned, and kept in the electronic trademark regi=
ster as images in tif or jpeg-format (older marks are all stored in tif-for=
mat). They are viewable on screen, but at present the search for figurative=
identity or similarity is still performed manually. Within the first quart=
er of 2004 we plan to have also these searches fully supported by computeri=
zed tools.
The searches for conflicting prior marks are outsourced to the private com=
pany Compu-Mark Nordic. Once a week a complete and updated electronic copy =
of all the bibliographical data in the Norwegian trademark register, includ=
ing all new and not yet examined applications and designations, is forwarde=
d by an ISDN connection to an access server located at Compu-Mark Nordic. T=
hey do a search for similarities between the mark applied for, and earlier =
applications and registrations - based on visual and/or phonetic identity o=
r similarity. The results of the performed searches are contained in listin=
gs and are forwarded by e-mail to the Norwegian Patent Office. We load the =
results into our database, and the reports are made available for the subst=
antive examination of the new mark application/designations until the new S=
ANT system (see item 9) is up and running.
During 2004 the NPO will use Acsepto from SWORD. In-house verbal and visua=
l searches, in combination with search for figurative elements according to=
prior classification according to the Vienna system, will be carried out.<=
/p>
The Norwegian Patent Office is situated in Oslo. The Office is open to t=
he public, and is used for information and search purposes. The Info Centre=
and the library can answer questions and give general information concerni=
ng industrial property rights to the public. They also provide information =
free of charge from the official trademark register (paper files and electr=
onic database) both by telephone and visits Monday to Friday, during the ho=
urs 0900 to 1500. The search files and applications are available to the pu=
blic and they may also obtain register transcripts from the official regist=
ers or copies of defined registrations for a fee.
The NPO also has a Search and Examination Service, which provides searches=
for a fee.
No paper copies of the Norwegian Trademark Gazette (=E2=80=9DNorsk Varem=
erketidende") are distributed to patent offices in other countries. The Nor=
wegian Patent Office receives paper copies of the official trademark gazett=
es from some other countries. During 1999, the NPO began to electronically =
download Madrid notifications from WIPO, by an ISDN connection. The downloa=
ded SGML files are interpreted and electronically transferred into our trad=
emark database. This has improved the quality of the data received, and mad=
e the process more efficient.
In 2004, the NPO will start downloading of notifications of new designatio=
ns, subsequent designations, partial assignments and mergers electronically=
from WIPO in the XML format.
Later, after implementing new (and currently ongoing) developments to the =
new case handling system, other notifications received from WIPO will also =
be downloaded and handled / processed electronically using the XML standard=
.
Provisional refusals and other communications from the NPO to the Internat=
ional Bureau (WIPO) will step by step be phased over from paper to XML file=
s with style sheets for easy print out of paper copies with desired layout.=
Paper copies of Madrid designations are still received from the Internatio=
nal Bureau.
The Office does not forward any machine-readable information.
The Norwegian Patent Office has exhibits at fairs for industry, trade an=
d oil/gas in order to promote protection of intellectual property, the use =
of trademark information and other industrial property rights. The NPO carr=
ied out 30 courses and seminars, covering all aspects of intellectual prope=
rty rights.
For the third year in a row, the NPO arranged a training programme on indu=
strial property rights for representatives from developing countries. In 20=
03, 20 participants attended a 7-day course, where trademark was the main t=
heme. These courses are carried out in association with WIPO (World Intelle=
ctual Property Organization).
In 2003, the NPO initiated a campaign to attract the attention of the medi=
a to the significance of industrial property rights. In the second quarter =
of 2003, we started to measure the effect of these efforts, and found that =
we have had 29 interviews/articles in a variety of media. Our web site now =
includes pressroom, an email newsletter and FAQ.
The SANT-project
In 1998 the Norwegian Patent Office launched the SANT programme (Case hand=
ling with the use of New Technology), a comprehensive IT project aimed at e=
stablishing a complete system for electronic case handling (workflow based)=
and electronic document management (Documentum=C2=AE).
Information on industrial rights will be electronically accessible to the =
public.
The project aims to make the case handling, the document handling, handlin=
g of case officer portfolios and the access of the public more efficient, a=
nd to simplify the exchange of information with other patent authorities an=
d/or international IP organizations, such as WIPO.
The main vendor of the new case handling system is the French company SWOR=
D S.A.
The Takisai=C2=AE - Project
The NPO=E2=80=99s Takisai=C2=AE project is a project for secure communicat=
ion between the NPO and others. The project is based on =E2=80=9CPublic Key=
Infrastructure (PKI)=E2=80=9D.
Public Key Infrastructure ensures that 1) availability, 2) authentication,=
3) confidentiality, 4) non-repudiation, 5) traceability, 6) authorization =
and 7) integrity of a communication/document is maintained. Based on the PK=
I we will therefore have a fully secure communication channel between a par=
ty and the NPO.
The Takisai project will be an integrated part of the SANT system.