There is no need for registration in order to obtain rights to a trademark. Prior use or the first party to file the registration gets the right.
You can access the web address of the trademark national office by clicking this link: http://www.els.is/
Intent to use or actual use of trademark is not mandatory for registration.
Application for trademark registration can be opposed if:
- proprietary rights are violated,
- the mark is descriptive, non-distinctive, deceptive, misleading, disparaging, or causing confusion
- there is breach of copyright
- the mark is confusingly similar with an existing registered mark
- the mark uses any protected emblem or insignia
- rights to a business/company name or personal name are violated
- the word has broad or generic meaning
- there is violation in a registered design
- rights of a famous mark are violated
- the mark is indicative of a geographical location
- public policy or moral standards are violated
Anyone who is interested may oppose the registration.
Yes. Even if your trademark is already registered, cancellation is still possible on the grounds of:
- Violation of proprietary rights
- Breach of copyright
- Mark is proven to not meet the standards in terms of distinctiveness
- Mark is proven to be descriptive, deceptive, misleading, or disparaging
- Mark is proven to violate rights in company name, personal name, registered design, or notorious mark
- Mark is proven to contradict public order and moral principles
- Mark is proven to cause confusion with respect to the product type, origin or condition
- Mark is proven to look almost or exactly like a mark which is internationally registered
- Mark is to be confused with a mark that was registered earlier in another country
- Mark has been inactive or failure to use the mark according to the requirements of Trade Mark Act Article 25
Yes. Having a registered right will help the owner establish the following rights:
- Exclusive right to use the mark
- Right to oppose and request an action to cancel any conflicting later applications/registrations
- Right to give license to other businesses to use the mark
- Right to file an infringement case against companies that use similar-looking marks
- Right to obtain damages from the infringing party
- Right to complain at ISNICS regarding unauthorized use of domain name
- Right to apply for seizure or confiscation of fake goods
The opposition period will start on the date the mark was published and will end two months after the publication date.
Yes. Iceland is a Madrid Protocol member.
No. Periodic statements of use or any file that will set forth the use of trademark are not needed.