One step closer to a new Norwegian trademark act

The implementation of the new trademark directive will provide cheaper and easier access to the protection of trademarks, as well as opening new possibilities for what can be protected as a trademark.

By: Morten Westlie (Special Advisor/ Portfolio Manager)

The EEA Joint Committee decided on the 7 February 2020 that the trademark directive, (EU) 2015/2436, is to be incorporated into the EEA Agreement. Key objectives are to further harmonise the laws of member states and to modernise the legislation in line with technological advances.  The incorporation will lead to amendments in the Norwegian trademark act to implement the necessary changes. One of the most significant changes is the elimination of the graphical representation requirement when filing for a trademark, paving the way for the registration of more non-traditional trademarks. Applicants will instead have to make sure that the mark is presented clearly and precisely so that both authorities and the public can determine the scope of protection.

The new Norwegian Trademark Act is expected to come into force by the end of 2020, although no exact date has yet been announced.

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