Trademark registration in Iceland. Iceland is a Nordic island country in the North Atlantic Ocean and the most sparsely populated country in Europe. About 85 percent of the total primary energy supply in Iceland is derived from domestically produced renewable energy sources. The use of abundant hydroelectric and geothermal power has made Iceland the world’s largest electricity producer per capita. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of trademark registration in Iceland.
Requirements for trademark registration in Iceland
The requirements for trademark registration in Iceland are:
- Distinguishable: The mark must be able to differentiate the goods or services of its owner from the goods or services of others.
- Distinctive: The mark must be able to be adequately distinctive enough in order to allow the consumers to recognize its purpose which is to offer a particular product or service.
Forbidden marks for trademark registration in Iceland
The forbidden marks for trademark registration in Iceland are:
- Marks that describe the type of goods or services, quantity, quality, use, price, origin, characteristics, etc;
- Marks that mislead consumers regarding the type of goods or services, quantity, quality, use, price, origin, characteristics, etc;
- Marks that include a word or symbol that is commonly used in regular trade or everyday speech;
- Marks that include official symbols such as state flags or emblems, except as specifically permitted;
- Marks that are confusingly similar or identical to a previously registered trademark or company name;
- Marks that violate the copyrights of other parties.
Regarding the Icelandic flag or a combination of that flag, a trademark may include those signs within the trademark on the condition that special permission must be applied for with the Consumer Agency.
Necessary documents for trademark registration in Iceland
In order to obtain a trademark in Iceland, the applicant needs to file a trademark application to the Icelandic Patent (and trademarks) Office (ELS) by a local agent.
Foreign applicants do not need a domestic registration and a non-legalized power of attorney is satisfactory.
Trademark registration procedure in Iceland
After receiving the application, if there are no errors detected in the formality examination and the substantive examination, the trademark will be registered in Iceland.
The entire process of trademark registration will take from 4-8 weeks. After it has been registered, the trademark will be published in the ISIPO Gazette on the website of the Icelandic Intellectual Property Office. The Gazette is published on the 15th day of each month.
Within 2 months from the publication date of the trademark in the ISIPO Gazette, any parties who feel like their rights are violated may oppose the registration. The opposers need to file the opposition in writing, clearly stated the reason, and sent it to the Icelandic Intellectual Property Office.
After hearing from both parties, the Icelandic Intellectual Property Office will make a ruling on the matter and decide whether or not the trademark is registrable.
If a party isn’t satisfied with the decision, they may appeal the decision of the Icelandic Intellectual Property Office to the Appeals Committee for Intellectual Rights in the Field of Industry and/or appeal the case to a court of law.
A trademark registration in Iceland has a validity period of 10 years from the registration date. Every 10 years, the trademark owner may file for a renewal of the trademark.
The trademark renewal may be filed during the 6 months preceding the expiration date of the trademark or during the grace period of 6 months following it with a late payment fee.
Use requirements for a trademark in Iceland
A trademark doesn’t need to be in use in Iceland for it to be registrable. Nonetheless, prior use of the trademark is recommended to help with the overcome of an objection raised on the grounds of lack of distinctiveness.
If the trademark has not been used for 5 years from the registration date, it may be subject to cancellation by other parties’ requests.
You can see a list of Iceland IP firms here.