Iceland Trademark Registration

In Iceland, trademark rights belong to the person or company that first uses the mark in the territory. Although registration is not mandatory, it is strongly recommended in practice, as it helps:

• Clearly establish ownership of the trademark,
• Prevent future conflicts over who owns the mark, and
• Support legal actions in cases of infringement or misuse by third parties.

Trademark applications must be filed with the Icelandic Patent (and trademarks) Office ELS.

Iceland is also a member state of the Madrid Protocol, so it is possible to extend an international registration to Iceland through the Madrid System. We offer services for trademark filing through the Madrid System.

A trademark does not need to be in use in Iceland to be registered. However, prior use may help overcome objections based on lack of distinctiveness by showing that the mark has acquired distinctiveness. Such use must be extensive in order to demonstrate acquired distinctiveness.

If you register a combined trademark (word + figurative elements), your exclusive right is limited to the exact configuration in which the mark was filed and registered. If you want to use the word element separately from the logo (or vice versa), it is advisable to file additional trademarks for the separate elements you wish to protect.

To register a trademark in Iceland, you will generally need to provide:

• The name or logo you want to register
• The applicant’s details

No documents are necessary.

If any additional information or country-specific formalities apply, your iGERENT consultant will confirm the exact requirements and guide you through each step.

The average time frame to register a trademark in Iceland is around 3 months for straightforward cases. This is an estimated processing time based on current application timeframes and may vary considerably depending on the circumstances.

Once registered, a trademark in Iceland has a validity of 10 years from the registration date and can be renewed indefinitely for further periods of ten years.

• Renewal may be requested during the six (6) months before the expiration date.
• It can also be requested during the six (6) months after expiration, subject to payment of an additional late renewal fee.

Although use is not required for registration, if a trademark is not used for more than five (5) years after registration, it becomes vulnerable to cancellation actions based on lack of use. Lack of use may be justified in some circumstances.

Yes. Third parties may file opposition actions after the registration of a trademark has been granted.

• Oppositions can be filed during a period of two (2) months from the date of publication of the grant of registration.

The probabilities of success will vary in each case depending on the specific circumstances.