FAQ on designs
The cost of registering a design depends on the scope of the application, whether the application includes one or more designs (multiple registration) and how many images the applicant includes with the application.
The payment for design registration must be made within 7 days of the application being filed. Application fees are non-refundable.
Design registrations are valid for 25 years. Designs are often registered for an initial term of five years, after which the term is renewed for five years at a time until the 25-year term of protection has been completed.
Applications can be filed online via the ISIPO website. It is safest to submit an application as soon as the design is fully formulated and before looking for investors or possible manufacturing partners. The protection is based on what can be seen in the pictures.
Design registration protects the appearance of a product or part of a product, i.e. shape, colors, patterns, etc. For a design to enjoy protection in accordance with design legislation, it must meet the condition of being new and having individual character.
- The images should be in JPEG format.
- Each image should only show the product from one angle.
- Images may only show the product that protection should be granted.
- Nothing else may be shown in the image and it is best to have as neutral a background as possible.
- If more than one image is submitted with the application, it is best to identify the images appropriately. In the case of multiple registrations, it is preferable to identify each image individually with a number to make it clear which images belong to each design.
For a design to enjoy protection, it must meet the condition of being new and having individual character.
A design may not include:
- Flags or other badges, emblems, and escutcheons are of particular public interest.
- The trademark or name for the economic activities of another party.
- Work protected by copyright law.
The filing of an application triggers a so-called priority right, meaning that for a period of six months from the filing date, an application can be filed in another country with the same filing date as in Iceland. As a result, the application will be given priority over any identical or similar marks for which applications are filed during this period. This means that no time will be lost waiting for the initial response to the Icelandic application.
One application may include requests for the protection of more than one design. A condition for this is that the goods have the same or similar use and are classified in the same category according to the Locarno Agreement Establishing an International Classification for Industrial Designs.
Examples of multiple registrations include:
- Furniture: table, chair, etc.
- Jewelry: ring, necklace, bracelet, etc.