Applying for the registration
Applications for trademark registration shall be submitted in writing to the Icelandic Patent Office. The application form can be obtained from the Office's premises or printed from its website.
- A separate application form must be filled in for each trademark.
- The trademark proprietor's name, address, and telephone number shall be filled in.
- The proprietor of a trade mark, who is not domiciled in this country, must have an agent residing in the European Economic Area, a member state of the European Free Trade Association (EFTA) or the Faroe Islands. A signed power of attorney must be presented. The agent can then sign the application on behalf of the proprietor.
- It is important that the trademark is registered for the goods and/or service for which it is intended. There are a total of 45 categories: 34 for goods and 11 for services. The title of the categories, as shown in the list, provides the most extensive protection. An extra fee is paid for each category in excess of one.
- In the event of a trademark in the form of an image, two copies of the image, no larger than 8 x 8 cm, shall be attached to the application. If the requested registration must be in colour, the submitted images must also be in color. The images are scanned and published after registration. As a result, it is vital that the images are clear and that the background is uncluttered. Images may be submitted in 3-D in exchange for a fee.
If a registration application is refused, the Icelandic Patent Office will send the applicant notification thereof in writing and grant the applicant a period of grace to submit comments.
If there are no defects in the form of the application and the Icelandic Patent Office has no comments on the registerability of the mark, the registration process will take approximately four months.
When the trademark has been registered, it is published in the ELS Gazette on the website of the Icelandic Patent Office. The Gazette is published on the 15th day of each month.
Anyone may oppose the registration within two months of the publication of the registered trademark. The opposition shall be in writing, with the reasoning for the opposition, and sent to the Icelandic Patent Office.
If a trademark is opposed, the proprietor is given the opportunity to submit his or her reasoning for the registration. When both parties have submitted their reasoning in the case, the Icelandic Patent Office will make a ruling on the matter. The parties to the case may subsequently refer the decision of the Icelandic Patent Office to the Appeals Committee for Intellectual Rights in the Field of Industry and/or refer the case to a court of law.