The short answer
In Iceland the protection of a registered trade mark begins on the filing date and applies for ten years from the date of registration. Renewal is for ten-year periods, and the application can be filed from six months before expiry to six months after. Oppositions must be filed within two months of publication, and non-use for five years can lead to invalidation by a court.
Trademark deadlines in Iceland at a glance
These rules come from the Icelandic Trade Marks Act No. 45/1997, as consolidated, in the English text on WIPO Lex. Fees and procedures are set separately, so we confirm them before we file. Iceland is not in the EU, so an EU trade mark does not cover it.
| Question | Answer |
|---|---|
| How long does a trademark last? | Protection begins on the filing date and applies for ten years from the date of registration, renewable for ten-year periods (Article 26). |
| Which date does the term count from? | Protection begins on the filing date (Article 12 application), but the ten-year period is counted from the date of registration (Article 26). Each renewal period is calculated from the end of the previous one. |
| When can I renew? | The proprietor applies to the Patent Office to renew for a ten-year period. The application can be filed as early as six months before expiry and no later than six months after, with the prescribed fee (Article 26). |
| Is there a grace period? | Yes. An application for renewal can be filed up to six months after the registration period expires, together with the fee (Article 26). |
| Opposition period | The registration of a trade mark can be opposed after publication in the Patent Gazette. Oppositions must be filed in writing with the Patent Office within two months of the date of publication and must state the grounds (Article 22). |
| Reply to an office action | The Patent Office examines the application and gives the applicant an opportunity to comment within the set time (for example, three months). Decisions can be appealed. |
| Priority claim | An application filed within six months of the first application in a country party to the Paris Convention enjoys priority (the priority provisions of the Act). |
| Non-use | If the proprietor has not used the trade mark in Iceland for the registered goods or services within five years of registration, or if use has not occurred during a continuous five-year period, the registration may be invalidated by a court, unless there are valid reasons for non-use (Article 25). |
| Assignment | Changes of ownership and licences are entered in the Register of Trade Marks. We confirm the formalities with the Patent Office. |
Who can register a trademark in Iceland
A person or company that uses or intends to use a trade mark can apply to the Patent Office. Foreign applicants have the special rules in Articles 33 to 35.
Representation. A proprietor who is not domiciled in Iceland must have an agent residing in Iceland, authorised to receive summons and other notifications. The agent's name and address are entered in the Register (Article 35).
Trademark registration process in Iceland
Search
- Search the the Icelandic Patent Office (Einkaleyfastofan) records for identical or similar marks in your classes.
File the application
- File with the the Icelandic Patent Office (Einkaleyfastofan), through an agent residing in Iceland.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After publication in the Patent Gazette, oppositions are filed in writing within two months and must give the grounds (Article 22).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the Icelandic Patent Office (Einkaleyfastofan) and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Iceland trademark validity and renewal
- Protection begins on the filing date and lasts ten years from registration.
- Renew from six months before to six months after expiry.
- An agent residing in Iceland must be on record for foreign owners.
- Use the mark in Iceland to avoid invalidation after five years.
Diarise the renewal window from the registration date.
Assignment, licence and changes to a Icelandic trademark
Alterations
Entered
Alterations to a registered mark are entered in the Register and published in the Patent Gazette (Article 24).
Errors
Correction
The Patent Office can correct obvious errors within three months of the registration or entry.
Madrid
International
Oppositions to an international registration are filed within two months of publication.
Agent
Required
A foreign proprietor must keep an agent in Iceland on record (Article 35).
Non-use and cancellation of a Icelandic trademark
A court can invalidate a registration where the mark has not been used in Iceland for five years from registration, or for a continuous five-year period, unless valid reasons exist (Article 25).
Keep dated proof of use in Iceland: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Iceland
Search the Register of Trade Marks and the Patent Gazette for the publication, registration and renewal dates.
Sources used
- Trade Marks Act No. 45/1997 of Iceland, as consolidated, English text on WIPO Lex: Articles 22, 24 to 26 and 33 to 35.
- The Icelandic Patent Office for fees, forms and the current procedure.
Iceland trademark FAQ
How long does a trademark last in Iceland, and from when?
Protection begins on the filing date and applies for ten years from the date of registration, renewable for ten-year periods (Article 26). It is counted from the date of registration, with protection from the filing date (Article 26).
When should I renew a Icelandic trademark, and is there a grace period?
The proprietor applies to the Patent Office to renew for a ten-year period. The application can be filed as early as six months before expiry and no later than six months after, with the prescribed fee (Article 26).
What is the opposition period in Iceland?
The registration of a trade mark can be opposed after publication in the Patent Gazette. Oppositions must be filed in writing with the Patent Office within two months of the date of publication and must state the grounds (Article 22).
How much does it cost to register a trademark in Iceland?
The official fee is set by the the Icelandic Patent Office (Einkaleyfastofan) and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Iceland?
Yes. A foreign proprietor can register a mark in Iceland but must have an agent residing in Iceland (Article 35). An applicant with no activity in Iceland and not resident in a Paris or WTO country must prove a corresponding home registration (Article 33). We arrange this.
Can I assign a Icelandic trademark?
Changes of ownership and licences are entered in the Register of Trade Marks. We confirm the formalities with the Patent Office.
Can a Icelandic trademark be cancelled for non-use?
If the proprietor has not used the trade mark in Iceland for the registered goods or services within five years of registration, or if use has not occurred during a continuous five-year period, the registration may be invalidated by a court, unless there are valid reasons for non-use (Article 25).
How can I check the status of a Icelandic trademark?
Use the the Icelandic Patent Office (Einkaleyfastofan) register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
An application filed within six months of the first application in a country party to the Paris Convention enjoys priority (the priority provisions of the Act).
How do I change the owner's name or address?
Record the change with the the Icelandic Patent Office (Einkaleyfastofan) so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Iceland
SUPREMEiP® files trademarks worldwide through its network and checks every Icelandic deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
