Until today, in Norway a black-and-white figurative trademark registration guaranteed to the owner protection for the sign in any colour it was adopted, in light of the consolidated ruling of the Supreme Court regarding the protection of figurative trademarks in black and white.
Through the adaptation of the national legislation to the practice of the European Intellectual Property Office (EUIPO) and of the main Trademark offices of the Member States, the new regulations provide for the application of the what you see, what you get principle in the field of the protection of figurative trademarks.
Specifically, starting from March 1st, 2023, figurative trademarks will only be protected limited to the colours represented in the filed/registered sample.
Therefore, until March 1st, 2023, the registration of a black-and-white trademark in Norway will assure its protection in any colour, whereas, from that date onwards, the trademark will be protected limited to the colours represented in the figurative registered version, with the relevant implications examined in the article you can find here
If Norway is a market of interest for you, it will be advisable to rely on a professional to review your brand portfolio on site/in loco.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
