New rules on legal effects of registration in the trademark register were also implemented in March 2023. Until then, Norwegian legislation lacked rules regarding the priority of rights to trademarks in collisions between voluntary acquisitions or conflicts with creditors.
In line with the revised Mortgage Act § 4-12, registration of pledges is crucial, as creditors are not required to respect older pledges that are not registered when they register their compulsory lien or when bankruptcy is initiated. Specific pledges are legally protected against both voluntary acquisitions and creditor seizures upon registration of the pledge in the trademarks register.
In collisions between voluntary acquisitions involving the transfer of rights to a registered trademark, or other specific rights connected to a trademark, acquisitions that have been submitted for registration take precedence over older acquisitions that are not registered, cf. the Trademarks Act § 56 b (1). However, the older acquisition shall have priority if the younger acquisition is based on a voluntary acquisition and the acquirer knew or should have known of the older acquisition at the time the claim for registration was received by the Norwegian Industrial Property Office, cf. the Trademarks Act § 56 b (3).
It should be noted that objections from the grantor of rights in a trademark shall not be forfeited upon registration in the trademarks register, even if the acquirer was in good faith, cf. the legislation's preparatory works in Prop. 43 LS (2019-2020) p. 75.
The new rules in the Mortgage Act §§ 4-11, 4-12 and the Trademarks Act § 56 b only apply to rights acquired from 1 March 2023 or after.