Harmonization In Sight?

We have previously asked whether Norway is the best pupil in class or if The Norwegian Industrial Property Office (NIPO), despite Norway's obligations according to the European Economic Area (EEA) agreement, fails to implement the same requirements of distinctiveness as the EU.

Based on our experience, the examiners of the NIPO uphold a distinctiveness assessment practice stricter and more rigid than in most other jurisdictions.

Our concerns regarding lack of harmonization on the area of distinctiveness have been communicated to the NIPO on several occasions, and also in connection with a customer satisfaction survey carried out by the NIPO in 2012.

The survey shows that we are not alone. On the contrary, both applicants without representatives as well as other trademark agencies have reported a lack of satisfaction with the NIPO's uniformity and predictability in handling trademark applications. According to the feedback given by the NIPO's customers (or users,