Trademarks are distinctive identifications for goods and/or services for commercial use.
Trademarks in Iceland
A trademark may be any sort of visible sign suited to distinguish the goods and/or services of one party from the goods and/or services of others, such as:
- Words or word combinations, including slogans, personal names, names of enterprises or real property;
- Letters and numerals;
- Illustrations and drawings;
- The appearance, equipment or packaging of goods.
Trademark rights may be established by registration or by use.
As soon as all filing requirements have been completed the Patent Office will examine the mark on absolute and relative grounds. If the mark is accepted it is registered and published in the TM Gazette, which is issued around the 15th of each month. Oppositions against the registration can be filed for two months after the date of publication.
Trademark shall be registered for a specific class or classes and with a description of the intended goods and/or services. The classification is according to the NICE Classification System which consists of 45 classes. It is possible to file trademarks for the class headings of each class according to the 10th edition of the NICE Classification System however as of January 1, 2014, applications for class headings will be interpreted on a “means-what-it-says” basis. Please click here for further information.
Duration and Renewal
The protection of a registered trademark begins on the date upon which the application was filed and applies for ten years from the date of registration. The registration may be renewed for ten-year periods.
Applications for renewal must be accompanied by payment of the official fee and must occur no earlier than six months before, and no later than six months after, the expiration of the registration period. After the six months grace period it is possible to re-establish trademarks within two months and for additional charge.
If the renewal application is satisfactory, the renewal is entered in the Trademark Register; if the renewal application is considered unsatisfactory the owner is notified thereof and given a time limit within which he may rectify the application.
If the proprietor of a registered trademark has not, within five years of the date of registration, used the trademark in Iceland for the goods and/or services for which it was registered, or if such use has not occurred during a continuous five-year period, the registration may be invalidated, unless there are valid reasons for the failure to use the trademark. If a trademark is used in a version different from that in the Register, but such difference is, however, only insignificant and does not affect its distinctiveness, or if the mark has been used on goods or packaging in Iceland which are intended exclusively for export, such shall be considered to constitute use. Use of the trademark with a consent of its proprietor is deemed as a use by the proprietor.
Searches are conducted in our in-house search database that is synchronized with the Patent Office’s database and features all registered and published trademarks since the publication of the latest trademark Gazette. Therefore it is possible to conduct searches with short notice and give opinions regarding availability. A search for identical trademarks is always conducted prior to filing of a trademark application without any extra charge and the applicant is notified if there exists a registration for identical trademark in the same class.
Please contact us for further information regarding our trademark services.
INFORMATION AND DOCUMENTS REQUIRED
Information required for filing an application for registration
- The applicant’s full name and address.
- The class(es) the registration is to cover.
- List of goods/services in each class.
- If priority is claimed, the number(s), date(s) and country(ies) of the priority application(s), no documents are required.
- An indication if a device should be filed in colors or as a three-dimensional mark.
Documents required for filing an application for registration
- If the potential mark is a device, a sample of the mark is required in an electronic format (.jpeg, .doc or .pdf) via e-mail to email@example.com. The samples have to show the mark as it is to be registered e.g. if the registration is to be in colors the sample of the mark has to be in colors. If the mark is sent via airmail 6 prints of the mark (max. size 8 cm x 8 cm) are required.
- It is no longer mandatory to file a Power of Attorney when filing a new application however the Patent Office reserves the right to request a signed form if deemed necessary.
Document required for recording a change of name
- Official certificate of a change of name, a photocopy is sufficient, no legalization required.
Documents required for recording an assignment
- Assignment, duly signed in the name of the assignor. No legalization required however the originally signed document or a certified copy of the same with an original signature of a Notary Public is required.
- Power of Attorney, signed by the assignee. No legalization or notarization required however the originally signed document is required.
Documents required for recording a merger
- Official certificate evidencing the merger. No legalization required however the originally signed document or a certified copy of the same with an original signature of a Notary Public is required.
- Power of Attorney, signed by the new owner. No legalization or notarization required however the originally signed document is required.