Trademark registration in Iceland

Trademark registration procedures should be concerned in Iceland by businesses to be able to distinguish your brand from other competitors. Iceland is strategically located, connecting Europe and North America, facilitating international trade. Iceland has abundant resources for economic development. Iceland has abundant geothermal energy, providing 90% of its electricity and hot water needs. Iceland has great hydroelectric potential, contributing to electricity production and attracting foreign investment. Iceland has rich mineral reserves, including aluminum, copper, silica, titanium, etc. Iceland possesses a vast sea, rich in fish resources, which plays an important role in the economy. Iceland is a country with stable politics, a transparent legal system, and a safe business environment for investors. Iceland adopts a free market economy model, encouraging competition and attracting private investment. In addition, the high-quality, dynamic, creative workforce and developed infrastructure system also contribute to increasing domestic and foreign investment capital. Therefore, more and more businesses are expanding their business scope here. Viet An Law Firm would like to guide customers preliminarily through the procedure for trademark registration in Iceland through the article below.

Legal basis

• Law on Trade Marks No. 71/2020 dated May 22, 1997 (amended and supplemented to Law No. 71/2020 dated June 24, 2020)

Definition of trademark in Iceland

• Signs: Can be many different forms, including words (including proper names), drawings, logos, patterns, letters, numbers, colors, sounds, shapes, or even product packaging.
• Used in commerce: The purpose of a sign should be to identify and distinguish one party’s goods or services from those of other parties.
• Distinguishable: The sign must be unique enough for consumers to easily recognize the origin of the goods or services it represents.

To put it more simply, a trademark in Iceland is a recognizable symbol, design, or word that a company or individual uses to differentiate their product or service from its competitors. It grants the owner the exclusive right to use that symbol for commercial purposes.

Conditions for trademark registration in Iceland

Sign: Must be a distinguishable sign, such as:

• Words (including proper names)
• Figure
• Logo
• Pattern
• Letter
• Numeral
• Colour
• Sound
• Shape
• Product packaging

Do not have the following signs:

• General descriptive signs of goods or services
• Signs that confuse consumers
• Signs of lack of uniqueness
• Signs of infringement of the intellectual property rights of others

Intended use: The sign must be used in commerce to distinguish the applicant’s goods or services from competitors.

Trademark registration documents in Iceland

Application Form: This form is provided by the Icelandic Patent and Trademark Office (ISIPO) and will ask for information on:

• Owner: Information of the applicant (individual or company name, address, nationality)
• Representation: If using legal representation, their information and power of attorney.
• Trademark: A clear image of the trademark (logo, design, etc.)
• Classification: Specific groups of goods or services to which a holder’s trademark applies according to the International Classification of Goods and Services (Nice Classification). Applicants can find this classification system online.

Fee Payment Receipt: A receipt or confirmation showing that the applicant has paid the registration fee set by ISIPO.

Additional documents (if applicable): Company registration: If the owner is a company, a copy of the company’s official registration document in Iceland may be required.

Trademark registration fees in Iceland

The fee for registering an official trademark in Iceland depends on the number of groups of goods and services the applicant registers. Here’s a breakdown of costs:

Application fee (including a group): ISK 37,900 (approximately €315 at foreign exchange rates as of 28 March 2024)

Additional fee per group: ISK 8,200 (approximately €68 at foreign exchange rates as of 28 March 2024)

Example:

• If the applicant registers a trademark for a group of goods or services, the total fee will be ISK 37,900.
• If the applicant registers a trademark for three groups of goods or services, the total fee will be ISK 37,900 (for the first group) + 2 * ISK 8,200 (for the second and third groups) = ISK 54,300 (approximately €452 as of 28 March 2024).

How to file for trademark registration in Iceland

To file for trademark protection in Iceland, you can apply using the following filing methods:

• Direct filing: You can go directly to the Icelandic Patent and Trademark Office (ISIPO) at Katrínartún 4 105 Reykjavik to file the application and related documents.
• By Post: You can send your application and all required documents via postal or courier service to the Icelandic Patent and Trademark Office (ISIPO) address Katrínartún 4 105 Reykjavik.
• Submit online via website:

Log in to the website and create an account to apply online https://www.hugverk.is/en/login?urlRedirect=www.hugverk.is%2Fapply%2Fapply-in-iceland%2Fapply-for-a-trademark%2F   When filing online, you should pay attention to the payment of the relevant fee in accordance with the instructions of the Icelandic Patent and Trademark Office.

Trademark Application Processing Process in Iceland

After submitting the trademark registration dossier, the state agency will process the dossier for about 6-12 months

Form check: ISIPO will check if the application is complete and valid. If the application is invalid, ISIPO will ask the applicant to supplement the information or make amends.

Disclosure of application: If the application is valid, ISIPO will publish information about the application in the Icelandic Industrial Property Gazette. Anyone can object to an application within 3 months of publication.

Review and decision: ISIPO will consider the application and objection (if applicable). ISIPO will make a decision to accept or reject the application.

Issuance of registration certificate: If the application is accepted, ISIPO will issue a trademark registration certificate to the applicant.

Trademark registration in Iceland through the Madrid System

The Madrid system is a convenient and cost-effective solution for global trademark registration and management. File a single international trademark application and pay a one-time fee to apply for protection in up to 130 countries. Claimants can modify, renew or expand their global trademark portfolio through a centralized system.

Madrid Agreement:

• The Madrid Agreement allows trademark owners to register their trademarks in a single member state (“country of origin”) and then extend protection to other member states (“nominating countries”) through a single international application.

Madrid Protocol:

• Iceland accessed the Madrid Protocol on 19 October 2001.
• The Madrid Protocol modernizes and simplifies the international registration system of trademarks established under the Madrid Agreement.
• The Madrid Protocol allows trademark owners to designate additional member states to an international application already filed under the Madrid Agreement or Madrid Protocol.

Trademark registration dossier under the Madrid System

The Madrid Singles include the Madrid Singles of Vietnamese origin and the Madrid Singles with Icelandic designations.

For the Madrid Application of Vietnamese origin, the applicant must submit through the state management agency for industrial property rights, i.e. the National Office of Intellectual Property of Vietnam. According to Article 25 of Decree 65/2023/ND-CP, a Madrid application of Vietnamese origin includes the following documents:

• Declaration of request for international registration of a trademark of Vietnamese origin (Form No. 01 in Vietnamese in Appendix II of Decree 65/2023/ND-CP);
• 02 MM2 declarations according to the form of the International Office in English or French;
• 02 trademark samples exactly as the trademark in the application filed in Vietnam (establishment application) or trademark registration certificate (establishment registration);
• 02 MM18 declarations in English (if the application has a US designation);
• Written authorization in Vietnamese (According to the form of Viet An Law Firm);
• Documents of payment of fees for international registration of trademarks of Vietnamese origin;
• Other relevant documents (if necessary).

Application fees through the Madrid System

The fees include:

• Basic fee (653 Swiss francs; or 903 Swiss francs for a color mark) (Note! A 90% discount applies if the applicant lodges an application with the Intellectual Property Office of a developing country at least); and
• Additional fees depend on where the claimant wishes to protect his trademark and the number of groups of goods and services he or she wishes to register. In order to expand its geographic reach, or modify or renew its international registration, the applicant will have to pay additional fees.

Trademark registration service in Iceland of Viet An Law Firm

• Perform the search and notify you in writing of the results of trademark search in Iceland;
• Draft the dossier and file directly on behalf of the trademark owner and monitor the status of the filing of the trademark application in Iceland;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Iceland;
• Assist in monitoring, representing the resolution of objections and responding to intellectual property representatives carrying out procedures in Iceland.
• Receive dispatches, certificates and hand over to customers (if any).

If you want to file a trademark application in Iceland, please contact Viet An Law Firm for the most effective support.