- Knowledge
Iceland
Trademark opposition system
As a member of the European Economic Area (EEA), Iceland's trademark system combines EU directives with its own characteristics, and its opposition process is known for its efficiency and transparency. Based on the Icelandic Trademark Law (L ö g um einkar é tt á h ö fundarverkum) and the latest guidelines from the Icelandic Intellectual Property Office (ISIPO), the following analyzes the five core contents:
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Trademark opposition acceptance agency
The trademark opposition in Iceland is under the unified jurisdiction of the Icelandic Intellectual Property Office (Hugverkastofan ð slands, ISIPO), which is responsible for the full process management:
ISIPO：Responsible for trademark examination, announcement, objection acceptance, mediation, and administrative adjudication.
Judicial relief:Those who are dissatisfied with the ISIPO ruling can file a lawsuit with the Reykjavik District Court (H é ra ð sd ó mur Reykjavik í kur) and ultimately appeal to the Icelandic Supreme Court (H æ stir é ttur).
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Timing of Trademark Objection
Adopting the "post announcement objection" mode, with strict and immutable time limits:
1. Announcement triggered:Trademarks that have been reviewed through ISIPO are electronically published in the Icelandic Trademark Gazette (T í marit Hugverkastofu ð slands).
2. Objection Window:Within 3 months from the date of announcement, interested parties must submit objections through the ISIPO online system.
3. Consequences of overdue:
After the expiration date, only the invalidation procedure can be used to protect rights (based on relative reasons, it must be filed within 5 years after registration; absolute reasons or malicious registration have no time limit).
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Basis for Trademark Objection Application
According to Article 8 and Article 25 of Iceland's Trademark Law and the Paris Convention, there are two types of statutory grounds:
（1） Absolute reason
Lack of significant features (such as descriptive vocabulary, generic product shapes);
Violating public order and good customs or being deceptive (such as false environmental certification marks);
Including the coat of arms, national name, or protected international organization emblem of Iceland (unauthorized);
Pure functional shape or technical effect shape (such as screwdriver handle design).
（2） Relative reasons
1. Conflict of prior trademark rights:
Conflict with identical/similar trademarks registered or applied for in Iceland/EEA, goods/services identical or related, may cause confusion (Likleiki fyrir villu);
Conflict with well-known trademarks (even if the goods are not similar) may damage their distinctiveness (such as the objection to the "VIKING" yacht trademark and the "VIKING" refrigerator).
2. Other prior rights:
Copyright and industrial design rights (to be registered in Iceland);
Trade name rights (to be actually used and well-known in Iceland);
Personal name and portrait rights (with proof of public association).
3. Malicious registration (Illgjarn skr á ning):
Trademark hoarding (such as registering more than 50 trademarks with no intention of use by a single applicant);
Registering someone else's prior use of a trademark (evidence of use such as sales invoices must be provided).
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Trademark opposition process(Four stage system)
1. Online objection submission:
Legal Basis (Reference Article Number)
Comparative Analysis Report on Trademark Confusion
Evidence (registration certificate, sales data, advertising placement records, etc.)
The objector shall submit materials through the ISIPO electronic system, which shall include:
Payment fee: 65000 Icelandic kronor per category (approximately 470 USD, 2024 standard).
2. Formal review and mediation:
ISIPO will review the completeness of the materials within 10 working days;
Mandatory cooling off period: After approval, a 30 day mediation period will be automatically initiated, during which ISIPO will assign mediators to facilitate settlement (approximately 40% of cases will be resolved at this stage).
3. Defense and Evidence Exchange:
After mediation fails, the objector is granted a 2-month defense period (which can be extended once/30 days);
The objector may submit rebuttal evidence within one month after receiving the defense.
4. ISIPO substantive review and ruling:
Written review is the main focus, with only 5% of cases requiring a hearing (both parties need to apply);
Review cycle: 6-9 months;
Ruling result:
Objection established → Trademark registration rejected;
Objection not established → Approval of registration and announcement.
5. Judicial appeal:
The losing party may file a lawsuit with the Reykjavik District Court (time limit: 4 weeks after receiving the ruling), and the litigation costs shall be borne by the losing party.
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Trademark opposition period
1. Administrative Stage (ISIPO):
Mediation review process: 8-12 months (fast settlement cases can be shortened to 3 months);
2. Judicial stage:
Local court litigation: 12-18 months;
Supreme Court appeal: An additional 8-12 months.
3. Key acceleration factors:
Use a 30 day mediation period to reach a settlement (such as signing a product scope restriction agreement);
Submit the complete evidence chain at once (ISIPO prohibits the addition of non critical evidence).
Key Operation Guidelines
1. Mandatory proxy requirements:
Non Icelandic/EEA residents are required to appoint a registered lawyer or patent agent in Iceland (with an agency fee of approximately $2000-5000).
2. Language standards:
All materials must be submitted in Icelandic (non Icelandic evidence must be translated by a government certified translation agency);
Accept the initial draft of English evidence, but submit an Icelandic translation simultaneously.
3. Key points of evidence validity:
Proof of trademark awareness: Provide the proportion of sales in the Icelandic market (must exceed 15%) or a public opinion survey report (covering major cities);
Proof of malicious registration: Submit the applicant's trademark registration list or extortion letter (such as a high price transfer offer).
4. EEA linkage strategy:
When conflicting trademarks cover multiple countries, priority should be given to the opposition process through the European Union Intellectual Property Office (EUIPO) (with lower costs and wider coverage);
When only expanding into the Icelandic market, the ISIPO program has a significant cost advantage (about 30% lower than EUIPO fees).
