Trademarks

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Definitions

Trademarks are distinctive identifications for goods and/or services for commercial use.

What can be Registered

A trademark may be any sort of visible sign suited to distinguish the goods or services of one party from the goods or services of others, such as:

  1. Words or word combinations, including slogans, personal names, names of enterprises or real property;
  2. Letters and numerals;
  3. Illustrations and drawings;
  4. The appearance, equipment or packaging of goods.

Trademark rights may be established by registration or by use.

Classification

Trademarks are registered for one or more classes of goods or services. A trademark may not be registered for an entire class or classes without specifying the goods or services for which the trademark registration is requested. The classification is identical with the International Classification.

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 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 by verdict of a Court, 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 the consent of its proprietor is deemed use by the proprietor.

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. If the application is satisfactory, the renewal is entered in the Trademark Register; if the application is considered unsatisfactory the applicant is notified thereof and given a specific time limit within which he may rectify the application.

Duration 10 years, renewable for like periods. If the mark has not been used on the Icelandic market 5 years after registration it can be cancelled by a third party. Marks already registered January 1, 1994 will have to be used within five years from that date to avoid such cancellation request.

Trademark Searches

Our trademark searches are made at the office since we have established our own in-house database containing all Icelandic trademark registrations and published applications. We can therefore conduct searches with short notice and give opinions regarding availability if required. Please contact us for further information regarding our search service. A search for identical trademarks is always conducted prior to filing of a trademark application without any extra charge and we notify the applicant if there exists a registration for identical trademark in the same class.

DOCUMENTS AND INFORMATION REQUIRED

Documents required for filing an application for registration

  1. Power of Attorney, signed by the applicant. No legalization or notarization required however we need to receive the originally signed document.
  2. If the mark is a device mark, 6 prints of the mark (max. size 8 cm x 8 cm) are required. The sample has to show the mark as it is to be registered e.g. if the registration is to be in black and white the sample of the mark has to be in black and white. We can prepare the samples if they are sent to us by e-mail.

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).
  5. An indication if colours are to be claimed.

Document required for recording a change of name

  1. Official certificate of change of name, no legalization required, a photocopy is sufficient.

 

Documents required for recording an assignment

  1. Assignment, duly signed in the name of the the assignor. No legalization required however we need to receive the originally signed documents or a certified copy of the same with an original signature of a Notary Public.
  2. Power of Attorney, signed by the assignee. No legalization or notarization required however we need to receive the originally signed document.

 

Documents required for recording a merger

  1. Official certificate evidencing the merger. No legalization required however we need to receive the originally signed documents or a certified copy of the same with an original signature of a Notary Public.
  2. Power of Attorney, signed by the new owner. No legalization or notarization required however we need to receive the originally signed document.