Extended deadlines for trademarks

If you are not able to respond to our letter within the due date we have given you, you can ask for a deadline extension.

Important information about deadline extension

  • We respond to all requests for a deadline extension by letter with a new due date. 
  • 1st and 2nd request for extension: We do not require any reason for the extention. Each deadline is six months. 
  • From the 3rd deadline: You must give a reason for your request. Each deadline is three months. 
  • The total number of deadline extensions NIPO can grant, we assess on the basis of each individual case. 

Deadline for submitting a power of attorney

If there is no power of attorney in a national application that is ready for registration or an international registration that is ready to be given effect in Norway, we give a 2-month deadline to submit the power of attorney. It is not possible to extend this deadline. 

If we do not receive a power of attorney in time, the trademark will be registered/given effect in Norway without an attorney. The attorney can at any time later submit a power of attorney and again be noted as attorney in the case. 

Deadline extension in opposition cases

In opposition cases, we require a reason from the first request for a deadline extension. Each extension is for 1 month, and you will receive an answer from us on whether we can accept the request or not. We always inform the other party if we grant a deadline extension. 

Examples of reasons we can accept

  • You are in negotiations on consents and need time to obtain consents. 
  • You need time to obtain documentation of establishment by use. 

Examples of reasons we do not accept

  • Taking holidays 
  • The attorney is waiting for instructions from the client. 
  • You need more time to decide on a strategy. 

If no reason is given or the reason is inadequare

You will receive a letter with a one month deadline to either submit a new reason or to reply to our statement. 

If we receive an adequate reason for the deadline extension request within this deadline, we will grant a new due date calculated from the previous due date in the case. The deadline of one month therefore does not imply a further extension. 

If, on the other hand, we do not receive a response or an adequate reason for the deadline extension request by the end of the deadline, the case will be shelved. 

There is no right of appeal against any rejection of a request for a deadline extension. Ref. Trademarks Act Section 49. 

When do we put the processing of a trademark application on hold?

The most common reason why NIPO suspends the processing of an application is that we are simultaneously processing one or more older applications that are similar to the newer case. We call this putting the case on hold. The marks in the older applications may be an obstacle for registration of the newer marks that we have received later. The outcome in the oldest case may therefore have an impact on the outcome in the younger one. We then normally put the processing of the newest application on hold until we have made a decision in the application with better priority. 

We can also suspend the processing when similar cases are dealt with by the appeals body The Norwegian Board of Appeal for Industrial Property Rights (KFIR) or by the courts. This applies if the outcome of the appeal process in KFIR or the court hearing can fully or partially affect the outcome of the case we are currently processing. 

The reason for putting a case on hold is both the principle of "first in time — first in right" and the desire for an efficient case handling process. 

The option to suspend the case handling (put on hold) does not apply, for example, if you are only waiting for a consent or a power of attorney, or because it is time-consuming to collect documentation showing establishment by use. In such cases, you should ask for a deadline extension. 

How to request a deadline extension?

Use Altinn (correspondence to the Norwegian Industrial Property Office), or send an e-mail or a letter to NIPO, and mark your request "deadline extension". 

If you have a Norwegian ID number and can use the ID port, you can also request an automatic deadline extension by logging in to "My cases".

Continued processing

If you have not met a set due date, you can in some cases request that your application be taken up for processing again. 

Deadlines that cannot be extended

We do not grant deadline extensions to correct formal deficiencies, such as failure to pay a fee or to submit a power of attorney. 

We also can not extend statutory deadlines (for example deadline for resumption, ref. the Trademarks Act Section 23). 

Do you have any questions?

Contact our Customer Service Centre on +47 22 38 73 00.