ICELAND: TRADEMARKS ACT

Iceland Trade Marks Act No. 45/1997 and the Trade Mark Regulation No. 310/1997 cover trade mark law in Iceland. Trademark protection under the Iceland Trade Marks Act No. 45/1997 may be established by the registration of a trade mark for goods or services or by the use of a trade mark which is and has been used in Iceland for goods or services. The trade marks may be enforced as against a competing, similar mark where there is a danger of confusion, but they may be lost if not used. This article answers the following questions, what are the types of symbols that can be used as a trade mark; what are the conditions precedent for the registration of a trademark; what changes did the 1997 Iceland Trade Marks Act make to previous law; when will the use of a trade mark similar to an established trade mark be prohibited; what are the grounds for cancellation of a trade mark in Iceland; what is the international scope of Icelandic trade mark registration; and where are marks registered, and where are oppositions filed.

The following questions have been addressed in this article:

What are the types of symbols that can be used as a trade mark?
What are the conditions precedent to the registration of a trademark?
What changes did the 1997 Iceland Trade Marks Act make to previous law?
When will the use of a trade mark similar to an established trade mark be prohibited?
What are the grounds for cancellation of a trade mark in Iceland?

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