FAQ on trademarks
The cost of registering a trademark depends on how many classes of goods and services are selected. One class is included in the base fee and after this a fee is charged for each additional class. The initial cost includes an investigation of registrability and the handling of the application and registration until the next renewal.
The easiest way to apply is online. To apply online, the applicant must sign in with an electronic certificate or IceKey.
If the application is for a company, a corporate ID can be used. A personal ID can also be used even if the application is for a company.
Trademarks are registered and renewed for a term of 10 years. Trademarks must be renewed to remain valid. Trademarks can be renewed as often as the proprietor wants. The proprietor of a trademark is notified by e-mail when it is time to renew the registration. This is why it is important for proprietors of trademarks to notify the ISIPO of any changes to e-mail addresses. These notifications can be sent by e-mail. The ISIPO is not responsible for the loss of rights if notification is either not sent or not received.
Trademarks are registered for a term of 10 years. If an application for the renewal of trademark registration is not filed before the deadline, the trademark will be removed from the register. The applicant may request the reopening of the case within two months of the deadline. A request for reopening must be accompanied by an application for renewal and the relevant fees must be paid. When a trademark is removed, it becomes available to others.
Trademarks registered with the Icelandic Intellectual Property Office are only valid in Iceland, i.e. the proprietor only has exclusive rights to the trademark in Iceland. If overseas marketing is planned, it is important to register the trademark in other countries to ensure its protection.
An application for international registration can be filed with the ISIPO. An international application must be based on a national application. This means that an application must be filed in Iceland before an international application is filed. The application must be identical in both instances. An application based on an Icelandic registration must therefore be filed through the Icelandic Intellectual Property Office. The trademark can be protected in over 120 countries. Each country will determine the application’s registrability.
The filing of an application triggers a priority right, meaning that for a period of 6 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 that applications are filed for during this period. This means that no time will be lost waiting for the initial response to the Icelandic application.
Trademark protection is established in two ways: use and registration with the ISIPO. Before embarking on expensive marketing, it is advisable to find out whether the nature of a mark is such that exclusive rights can be granted to it. Furthermore, it is important to register a trademark if it needs to be protected from outside exploitation. You can search for applications and registered marks in the ISIPO trademark search engine.
Trademarks are often the most valuable assets of companies and it is important to keep a close eye on them and protect them. Establishing a company takes a lot of time and work. There is significant value in a company's name, reputation and goodwill, which are protected by the company’s trademark, products or services. You do not want a third party to exploit this valuable resource.
It is therefore sensible to protect your company’s name, trademark and logo so that your company is in a stronger position with regard to third parties which try to exploit the success of others. This also reduces the risk of costly disputes.
A good trademark includes a word or symbol that is unique and gives the mark a distinctive character. The function of trademarks is to distinguish their proprietor’s goods and services from the goods and services of others. It is therefore important for a trademark to have unique characteristics that are memorable for consumers.
The Icelandic Intellectual Property Office is responsible for registering trademarks while the Iceland Revenue and Customs’ Register of Enterprises registers enterprises and organisations and maintains a record of the purpose of companies, their owners etc.
Applications can be filed with the ISIPO for the registration of wordmarks, logos, three-dimensional marks, position marks, pattern marks, colour marks, motion marks, multimedia marks and hologram marks.
Collective marks are a common identifier used in the commercial activities of organisations or associations. Members are allowed to use the mark to identify their goods and/or services.
By registering collective marks, companies or organisations can obtain proprietary rights for their members to use a common identifier for goods or services for commercial purposes.
Collective marks must meet the same registration requirements as trademarks and comply with the same rules on the use of the mark, i.e.:
- Who is authorised to use the mark.
- What conditions apply to the use of the mark and what consequences and disciplinary action would result from unlawful use of the mark.
- What rights and duties the owner of the mark has with regard to those using the mark.
- What rules apply to membership in the society that owns the mark, if the relevant mark is a collective mark.
Examples of collective marks include names of sports clubs and the trademark Cake of the Year, which is owned by the National Association of Bakers.
Guarantee and quality marks are marks that distinguish the goods and services certified by the proprietor of the mark from other goods or services, with regard to their materials, production methods, quality or other characteristics. Only entities that establish standards or monitor goods or services can apply for a guarantee and quality mark. By registering the mark, the proprietor can restrict others from using an identical or similar mark.
Guarantee and quality marks must meet the same registration requirements as trademarks and comply with the same rules on the use of the mark, i.e.:
- Who is authorised to use the mark.
- What conditions apply to the use of the mark and what consequences and disciplinary action would result from unlawful use of the mark.
- What rights and duties the owner of the mark has with regard to those using the mark.
Care must be taken when compiling the list of goods and/or services, as classes or designations cannot be added once the application has been filed. It may be useful to examine the list of goods for comparable businesses. This can be done in the ISIPO trademark search engine.
The goods and/or services to be represented by the mark must always be identified. There are 45 classes, one or more of which must be selected. The headings of the classes (1-45) indicate the goods/services included in each class.
The ISIPO does not have the legal authority to conduct monitoring activities and comment on the commercial use of marks. The role of the office is solely to grant trademark rights. The holders of the rights are responsible for enforcing these rights.
If the proprietor of a registered trademark believes that their trademark rights are being violated, we suggest that they begin by informing the offending party of their registration. This can be done by letter. If this is not successful, the proprietor can contact a solicitor or the Consumer Agency, which, unlike the ISIPO, is authorised to conduct monitoring activities and to take action.
No, trademark applications may not be amended once they have been filed. It is therefore important to select the list of goods and services carefully and choose the correct type of mark.
Alteration of a registered mark
The proprietor of a trademark may request minor alterations to a registered trademark. The alterations must not be so extensive as to alter the overall image of the mark. A fee shown on the list of tariffs must be paid when an alteration of a registered mark is requested.The proprietor of a trademark may ask the ISIPO to update an image of the trademark to improve the quality and/or increase the resolution.
If there is a change in the ownership of the trademark, documentation to confirm this must be submitted to the ISIPO, e.g. an assignment, merger documents or other similar documentation. It is also important to notify the ISIPO if:
- the name of the company changes
- the address of the proprietor changes
- you assign the trademark to another party
- you mortgage the trademark
- you amend the rules on the use of a collective mark or a guarantee or quality mark
- you change your representative
The proprietor of a trademark may request that part of the list of goods and/or services or the registration as a whole is canceled.
What cannot be changed?
No additions can be made to the list of goods and services.Trademarks need to be renewed every 10 years. Apply for renewal from the trademark page that can be accessed through our trademark search. Search for the trademark you want to renew, click on it, and submit a renewal application from there.