Trademarks

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Trademarks in Iceland

A trademarks may consist of any of sign, in particular words (including personal names), images, patterns, letters, numerals, colours, sounds and the shape or packaging of a product, provided that they are suited to

  1. distinguishing the goods or services of one undertaking from those of other undertakings and
  2. being represented on the Trademark Register in a manner which enables the comptent authorities and the public to determine the clear and precise subject matter of the protection to its proprietor.

Application Procedure

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 published in the TM Gazette, which is issued the 15th each month. Oppositions against the registration can be filed for two months after the date of publication.

Classification

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 application. 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.

Use

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.

Please contact us for further information regarding our trademark services.

INFORMATION AND DOCUMENTS REQUIRED

Information required for filing an application for registration

  1. The applicant’s full name and address.
  2. The class(es) the registration is to cover.
  3. List of goods/services in each class.
  4. If priority is claimed, the number(s), date(s) and country(ies) of the priority application(s), no documents are required.
  5. An indication if a device should be filed in colors or as a three-dimensional mark.

Documents required for filing an application for registration

  1. 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 sigthor@sigthor.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.
  2. 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.