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.