Patice Icelandic IP Law Firm Patent & Trademark Attorneys

Legal basis: Trade Marks Act No. 45/1997 with amendments Trade Mark Regulation No. 310/1997 with amendments.

Membership of International Conventions: Paris Convention (Stockholm text 1967) Nice Agreement for the Classification of Goods and Services Madrid Protocol.

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

Establishing trademark rights: Trademark rights may be established by registration or by use.

Marks which can establish trademarks rights: Article 2 Trade Marks may be any sort of visible signs suited to disinguish 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 enterprices or real property; 2. letters an numerals; 3. illustrations and drawings; 4. the apperance, equipment or packaging of goods. A trademark right connon be axquired for a sign which shows exlusively a shape which is dictated by the goods themselves, a shape which is necessary due to the technical role of the product or which is intended in some manner for a purpose other than identification.

Classification: Multi-classification system applies. A trademark can be registered for an entire class, it is class heading, or by specification of goods and services. The classification is identical with the Nice Agreement for the Classification of Goods and Services.

Priority: Covention trademark applications must be filed within 6 months from the date of the basic trademark application. Examination The application is fully examined ex-officio as to formalities, clssification and registrability (absolute grounds) and prior rights (relative grounds).

Use requirements: A trademark registration may be cancelled totally or partially upon challenge from a third party provided the mark has not been taken into use within five years from its registration or for a period of 5 years of non-use, unless there are due grounds for non-use. If the mark has not been used on the Icelandic market 5 years post registration it can cancelled upon challenge from a third party. Marks registered before 1 January 1994 will have to be used within five years from that date to avoid cancellation challenge from a third party.

Duration: Trademark rights of a registered trademark is established on the trademark application filing date and applies for ten years from the registration date.

Renewal: For a period of 10 years. Renewal requests can be filed during the period from six months before and no later than six months after due date, it is the expiration of the registrtion period

FILING REQUIREMENTS FOR TRADE MARK APPLICATIONS

1. Full name and complete address of the applicant.

2. 7 prints, maximum size and 8 x 10 cm (only for device marks or word marks of special typographical character).

3. Specification (description) of the goods and services for which the registration is sought. Classification: International Classification of Goods and Services - Nice Agreement. Multi Class System.

4. Power of Attorney, duly executed by an authorized officer. No legalization. May be filed at a later date.

5. If priority is claimed* a certified copy of basic application may be filed at later.

6. Home registration certificate.*. May be filed at a later date.

*does not apply to member states of the Paris Convention.

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