If a registered mark has not been taken into use in Norway within a period of five years, counting from the date of registration, the registration may be subject to cancellation by way of a court decision unless justifiable reasons for non-use exist. The same applies if use has been suspended during an uninterrupted period of five years.

The mark must be used either in the form in which it is registered, or in a form which does not significantly differ from the form in which it is registered. Use of a trademark consented to by the registered proprietor, e.g. by a licensee, shall be deemed to constitute use by the proprietor

If a trademark has been used only in respect of some of the goods or services, for which it is registered, the registration shall be cancelled only in respect of those goods or services for which it has not been used.

The registration is not subject to cancellation if commencement or resumption of use takes place after the expiration of the five year period but prior to the filing of an application for revocation, unless the commencement or resumption of such use takes place within a period of three months preceding the filing of an application for revocation, and such use is due to the proprietor having become aware of the possibility of an application for revocation of the registration being filed.

To avoid future disputes regarding whether or not a mark is properly used, we strongly advise that proof of use is kept by the proprietor, such as marketing materiel, catalogues, invoices, etc. However, it should be noted that it is not necessary to present evidence of use when requesting renewals of registered trademarks.