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Iceland (IS)

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Latest News: Aug 22, 2019 (Newsletter Issue 11/19)
Patent Office's Name Changed
On July 1, 2019, the Icelandic Patent Office – IPO, changed its name to the Icelandic Intellectual Property Office – ISIPO.

Source: www.patice.is

Apr 24, 2019
IP Office Will Not Accept Division or Merger Requests of Intl. Registration
Iceland has notified WIPO in accordance with new Rules 27ter(2)(b) and 40(6) of the Common Regulations, which entered into force on February 1, 2019.

According to the said notification:
- new Rule 27bis(1) of the Common Regulations, providing for the possibility to file a request for division, is not compatible with the law of the Contracting Party and does not apply to it; and,
- the law of the Contracting Party does not provide for the merger of registrations of a mark.

As a result, the Office will not present to WIPO requests for the division of an international registration under new Rule 27bis(1) nor requests for the merger of international registrations resulting from division under new Rule 27ter(2)(a).

For further information, please refer to here


Source: www.wipo.int

Mrz 29, 2017 (Newsletter Issue 6/17)
Change of Practice for Applicants Outside Paris Convention/WTO
As from February 1, 2017, the Icelandic Patent Office will demand a certified attest of a domestic registration according to article 33 of the Trademark Act no. 45/1997 in cases where the applicant is not a resident of a state which is party to the Paris Convention or the World Trade Organisation (WTO). It will also be sufficient to show evidence that the applicant’s company has operations in a member country of the Paris Convention or WTO or that an individual applicant has citizenship in a member country of the Paris Convention or WTO to comply with the requirements of article 33.1 of the Trademark Act. A list of countries that are members of the before mentioned agreements can be found here

Source: Tego IP Consulting, Iceland


Feb 22, 2017 (Newsletter Issue 4/17)
Official Fees Increased
The Icelandic Patent Office has announced that New Regulation no. 818/2016 on fees for patents, trademarks, designs, etc., has been adopted by the Minister of Industries and Commerce. The fee increase was effective January 1, 2017.

More information about the new regulation is available here

Source: www.patent.is


Okt 28, 2014 (Newsletter Issue 16/14)
Official Fees Increased
The Icelandic Patent Office has announced on its website the new Regulation no. 804/2014 on fees for patents, trademarks, designs, etc. which has been adopted by the Minister of Industries and Commerce. The new regulation is effective on 1 December 2014.

The official fee for filing a word mark is ISK 28,000.00 (approx. EUR 183.00) for one class and ISK 6,000.00 (approx. EUR 39.00) for each additional class.

Source: www.els.is


Sep 27, 2012 (Newsletter Issue 14/12)
Accession to Singapore Treaty
The Government of the Republic of Iceland has now deposited its instrument of ratification of the Singapore Treaty on the Law of Trademarks, which will enter into force, with respect to the Republic of Iceland, on 14 December 2012.

www.wipo.int


Jun 25, 2012 (Newsletter Issue 10/12)
Trademarks Act Changed
On June 1, 2012, the Icelandic parliament (PTO) passed a bill to amend the 1997 Trademarks Act . The bill introduces various changes that benefit trademark owners and entered into force on June 14th, 2012.

The most important changes are:
- Introduction of an administrative invalidation process for trademarks
- Bad faith clause re-instated
- PTO is required to give access to pending trademark applications upon specific request
- All communication with the PTO must now be conducted in Icelandic
- Right to reinstate trademark or trademark application if the term to respond to a refusal or renewal has been missed
- Division of applications and registrations
- New official fee for filing oppositions

For further information please also check the article of Mrs Brynhildur Palmarsdottir from Arnason Faktor, Intellectual Property Consulting here

Source: Arnason Faktor, Iceland



Feb 01, 2011 (Newsletter Issue 2/11)
Official Fees Changed
The Icelandic Patent Office (ELS) has changed its official fees for trademark applications effective from April 1st, 2011.

The official fees for word marks is ISK 22,000.00 (approx. EUR 140.00) for one class and ISK 5,000.00 (approx. EUR 32.00) for each additional class.

Source: GST PATENTBUREAU, Reykjavík, Iceland


The Legal basis is the Icelandic Trademark Act No. 45/1997, (hereinafter “the Icelandic Trademark Act”), last amended in 2019.
Iceland is a member of the Madrid Protocol.
Trademark protection is obtained by use or registration.
in Iceland.

The Icelandic Trademark Act set out in Chapter 1, Art. 3:
"Trade marks right may be established by:
1. the registration of a trade mark for goods or services in accordance with the provisions of this Act, or
2. the use of a trade mark which is and has been used in this country for goods or services.
A trade mark which is deemed not to fulfil the requirements of this Act for registration cannot acquire trade mark right by being taken into use. A trade mark which does not fulfil the requirements of the Act for distinctiveness at the commencement of use may, however, establish a trade mark right if the mark acquires distinctiveness through use."
Nice classification, 11th edition
According to The Icelandic Trademark Act; Chapter 1, Article 2 "Trade marks 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. a word 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.
A trade mark right cannot be acquired for a sign which shows exclusively 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."

Sound marks may be registrable if they are sufficiently described. As of yet, such trademarks have not been published due to technical issues of the Icelandic Intellectual Property Office (hereinafter “ISIPO”). Olfactory marks are not registrable.

The following trademark types are registrable: trade marks, service marks, collective marks, trade names and trade Dress.



The application is filed at the ISIPO. It must be filed in Icelandic.
All communication with the ISIPO must be in Icelandic.
Multiple-class applications are possible.
Foreign applicants from countries outside the EEA / EFTA need a local agent.
A non-legalised power of attorney is sufficient. A scanned copy via email is sufficient.
As of February 1, 2017, a foreign applicant who has neither activities in Iceland nor is a resident of a state which is a party to the Paris Convention for the Protection of Industrial Property or the agreement on the establishment of the World Trade Organisation (WTO) needs to prove that he has obtained registration for a corresponding mark in his home country for the goods or services covered in his application.
The application process includes a formal examination, an examination as to absolute grounds (e.g. distinctiveness) and an examination as to relative grounds (e.g. prior trademarks). Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
The processing time from first filing to registration or first office action is approx. 2 to 4 months.
After registration, the trademark is published in the monthly “ELS-tí∂indi” (Gazette of the ISIPO). Publication date is the 15th of each month.
National:
The opposition period is 2 months from publication of the trademark.

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
Protection dates back to the date of application. A trademark registration is valid for 10 years from the date of registration. The registration is renewable for periods of 10 years.
The grace period for renewals is 6 months starting from the expiration date of the trademark.

Further practical details are available in our publication on this topic here
If the trademark has not been used for 5 years from registration or has later not been used for a continuous period of 5 years, it may be subject to cancellation. Subsequent use of the trademark can restore protection if no third party has applied for an identical or similar trademark in the meantime and if no party has requested cancellation due to non-use.

Further practical details are available in our publication on this topic here
The official fee for filing a word mark is ISK 32,200 for one class and ISK 6,900 for each additional class.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Jul 30, 2019
Lex Reykjavik, Reykjavik, Iceland

Jul 11, 2019
Tego IP Consulting , Reykjavík, Iceland

Mrz 21, 2017
Tego IP Consulting , Reykjavík, Iceland

Jul 08, 2013
Arnason Faktor, Reykjavik, Iceland

Jan 09, 2012
Arnason Faktor, Reykjavik, Iceland



Icelandic Intellectual Property Office (ISIPO)
Hugverkastofan
Engjateigi 3
150 Reykjavík
Iceland
Tel +354 580 94 00
Fax +354 580 94 01
Mail hugverk@hugverk.is
www.hugverk.is

World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int