Information for New Trademark Owners
Congratulations on registering your trademark with the Icelandic Intellectual Property Office. Here are some important points to keep in mind as the owner of a registered trademark.
Warning Regarding Misleading Payment Requests
There have been instances where intellectual property owners in Iceland receive misleading payment requests related to registrations. These can easily be mistaken for legitimate invoices from the Icelandic Intellectual Property Office or international organizations, and some individuals have paid them. More information on misleading payment requests.
Validity Period of Registration
Trademark registration is valid for ten years from the application date. After that period, it can be renewed for ten years at a time, as often as desired.
Protection
Registration grants exclusive rights to use the mark in Iceland for the goods and/or services it covers. It’s important to note that the registration is territorial and does not create rights outside Iceland. If you plan to market abroad, you should explore international registration options, such as through the Madrid Protocol or the European Union Intellectual Property Office.
Use Requirement
Registered trademarks must be used. This requirement prevents individuals from accumulating unused trademarks and blocking others from registering similar marks. If a mark is not used within five years of registration, or its use ceases for five consecutive years, anyone may request cancellation of the registration from the Icelandic Intellectual Property Office.
Use by Others of Identical or Confusingly Similar Marks
We do not monitor the use of identical or confusingly similar marks by others, but we encourage you to stay alert. If someone applies to register a mark that we believe is confusingly similar to yours, we will reject that application.
Renewal of Registration
Trademark registration can be renewed six months before it expires and up to six months after. A renewal fee, equal to the application fee, must be paid. It is very important to monitor dates and ensure the registration does not lapse. This can be done via My Pages. The Icelandic Intellectual Property Office sends a reminder to the trademark owner before the registration expires. The reminder is sent to the email address provided in the application and to the digital mailbox on island.is. If the trademark owner or their email address changes, it is important to notify us.
Cancellation of Registration
Anyone may request cancellation of a trademark registration. A registration may be cancelled in whole or in part if the mark:
- has not been used in Iceland for five years,
- has become generic and lost its distinctiveness,
- is misleading to consumers regarding characteristics, quality, or geographical origin.
Invalidation of Registration
Anyone may request that the Icelandic Intellectual Property Office invalidate a trademark registration. Invalidation may be requested if the mark is believed to have been registered in violation of trademark law provisions.
Changes
Changes in ownership of the registration must be reported to the Icelandic Intellectual Property Office. Certain changes to the registration itself are also possible, such as limiting the goods and/or services covered or making minor changes to the image or text of the mark. If a substantial change is made to the registered trademark, a new application must be submitted.
Mortgage of Trademark Registration
If the trademark registration has been mortgaged, either the owner or the holder of the mortage must notify the Icelandic Intellectual Property Office. They are responsible for informing the Office of any transfer of the mortgage or if the mortgage is terminated.
Licensing
The owner of a registered trademark may grant others a license to use the mark commercially and request that it be recorded in the trademark register. The owner or licensee is responsible for notifying the Icelandic Intellectual Property Office of any transfer of the license or if the license is terminated.
If you have any questions or need assistance with renewal, international registration, or anything else related to your trademark, feel free to contact us by email at hugverk@hugverk.is, by phone at 580 9400, or by leaving a message in the chat.