The first amendment worth noting is the introduction of a new ground of refusal and invalidity for trademarks registered in "bad faith". The new ground for refusal and invalidity will replace the former section 16 litra b in the Norwegian Trademark Act and offer a more flexible and dynamic ground for refusal and invalidity. The amendment means that the term "bad faith" will be fully adopted into the Norwegian Trademark Act, offering a more comprehensive assessment of whether a trademark shall be found to be invalid or refused.
According to the former section 16 litra b in the Norwegian Trademark Act, a trademark registration would be refused or found to be invalid if (i) the mark was confusingly similar to another mark, (ii) that mark was used by a third party before the applicant, and is still being used by the third party, and (iii) the applicant knew of the third party's use, and (iv) the trademark application was submitted in breach of good business practices. In contrast to the former regulation, the new ground of refusal and invalidity will only require that the trademark applicant submitted the trademark registration in "bad faith".
Although the change may seem substantial, the new provision will still, at its core, target applications that can be seen as a breach of good business practices. Further, the four abovementioned requirements will be important factors in the overall assessment of whether a trademark registration has been submitted in "bad faith". However, the term "bad faith" shall be interpreted in accordance with EU practice, giving the new ground for refusal and invalidity a more flexible scope where public interests may be taken into account when assessing the trademark application, such as safeguarding the integrity of the trademark institute.
You can find our more in-depth article on the implementation of "bad faith" as a ground for refusal and invalidly here.