Iceland
Fees for registering Iceland trademarks
First class：
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Additional class：
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Renewal:
Service Process
Trademark registration time
The current trademark regulations in Iceland are mainly based on the 1997 Trademark Law. The Icelandic Patent Office is responsible for managing trademark affairs and the official language is Icelandic. The trademark registration in Iceland follows the principles of "use first" and "application first". Trademark registration is not mandatory, but for better protection or renewal, it is best to register in accordance with the law.
Iceland is a party to international intellectual property treaties such as the Paris Convention, the Convention Establishing the World Intellectual Property Organization, and the TRIPS Agreement. It is also a member of the Madrid Protocol, and trademark registration can be processed through "single country registration" or "Madrid International Registration".
Trademark Registration Process
At present, the Icelandic Intellectual Property Office adopts the Nice Classification 11th edition for the description of goods and services, and can accept applications for multiple categories in one form. The elements that can be registered as trademarks in Iceland include: text, letters, graphics, slogans, color combinations, three-dimensional shapes, etc; In the revised Trademark Law that came into effect on September 1, 2020, trademark applications are no longer limited to visual identification, and non-traditional trademarks such as odor trademarks, sound trademarks, holograms, dynamic trademarks, etc. have been added to the types of trademarks that can be applied for.
Natural or legal persons who do not have a domicile, main place of business, or a genuine and valid business enterprise in Iceland must entrust a specialized agent in that country to handle the matter. The basic materials required for trademark application are:
1. Trademark design (Note: Starting from April 1, 2021, trademarks with black and white designs can only protect two colors, black and white, and cannot cover other colors. If the applicant wishes to seek protection for other colors, they need to apply for corresponding color trademarks);
2. Category and specific product items;
3. Name and address of the applicant;
4. Power of attorney;
5.If priority is declared, proof of priority must be provided.
The main process for applying for registration of an Icelandic trademark is: application - examination - approval and issuance - announcement. The application will be accepted within about 2 weeks after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, a registration certificate will be issued and an announcement will be arranged.
The opposition period is 2 months from the date of announcement, and anyone can raise objections to the registration of the trademark. The main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued. If everything goes smoothly, trademark registration in Iceland takes about 10 months; If things don't go smoothly and there are rejections or objections, the time will be extended, which may take 2-3 years.
Trademark registration materials
The Icelandic trademark is valid for 10 years after registration. For applications submitted after September 1, 2020, the trademark validity period starts from the application date. For applications submitted on or before August 31, 2020, the validity period still starts from the registration date; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
The revocation application after trademark registration can generally be filed under Article 28 of the Icelandic Trademark Law:
1. Without justifiable reasons, the trademark has not been actually used in the country for five consecutive years after registration;
2. Due to the actions and inactions of the registered trademark owner, the trademark becomes a generic name for the registered goods or services;
3. The actual use of the trademark may lead to public misidentification of the nature, quality, and geographical origin of the goods/services.
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