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Is there a time frame for the trademark registration approval?
The average time frame for the registration approval is 4 months, if no objections or oppositions arise.
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If I register my trademark in Iceland, do I have protection in other territories?
No. The territorial limit of your registration will be Iceland only.
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Do I need to sign a Power of Attorney?
Yes. Trademark application requires a signed power of attorney.
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Are there any benefits from a pre-filing use of the trademark?
Yes. You may benefit from pre-filing use in several ways:
- Show distinct characteristic of the mark
- Defeat opposition to trademark application based on non-distinctiveness
- Establish rights if you can prove pre-filing use
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Will there be problems in case I don’t use my trademark after registration?
Yes. Non-use is a potential ground for cancellation of registration.
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What are the types of trademark that can be registered in Iceland?
If you can graphically reproduce a sign and if it adds more distinct characteristic to your good/service, then you may register your mark. Marks that are allowed by law to be registered:
- Words,
- Slogans,
- Names,
- Colors,
- Sounds
- Smells,
- Shapes (three dimensions),
- Devices,
- Trade dress,
- Collective marks,
- Holograms
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What are the phases of application after a trademark has been filed in Iceland?
There are three phases of trademark application in Iceland namely: examination, registration and publication.
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Examination - The trademark office will examine the application in terms of: classification, clarity, formalities, conflict with other applications, descriptiveness, and distinctiveness.
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Registration - Once the examiners passed the application, the trademark office will then issue the registration grant.
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Publication - The public will have access to the application details and third parties will have a chance to oppose after the following details are published: mark, applicant name, applicant's address, filing date, goods and services, representation and priority claim.
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What type of trademark is non-registrable?
You cannot register any mark that contradicts Iceland’s standards of moral or any mark that poses a threat to public order. Terms that have a common or broad meaning are also non-registrable. Names/symbols/flags of states/nations/international organization are prohibited for registration. Any mark that is non-distinct and any mark that functions primarily as a geographical location is non-registrable.
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Does Iceland use the "Nice Classification" system?
Yes. Nice Classification is effective in Iceland. Only one application is necessary for trademarks that cover multiple classes of good/service.
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Is there any possibility to claim priority in Iceland?
Yes, but the applicant must meet the following requirements:
- Applicant’s country of origin is a member of Paris Convention
- Application in home country was filed within the past 6 months
If these requirements are met, the filing date in the home country can be claimed as the filing date in Iceland.
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What do I need to do to satisfy the use requirement?
Use your trademark five years from the date of registration. The courts in Iceland reserve the rights to define the details of the user requirements (trade, commerce, marketing, advertising, etc.). However, the law mandates owners to use their trademark within the jurisdiction of Iceland.
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Once my trademark has been registered, for how many years will be valid?
Validity of a registered trademark will last 10 years.
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What will be the renewal date of my trademark?
Count 10 years from the date the registration was granted.
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Is it legal to use my trademark even if it is not yet registered?
Yes. You may legally use your unregistered trademark for selling goods/services.