Opposition

Anyone may file an opposition within two months from the publication date of a trademark. The publication date is based on the release of the Intellectual Property Gazette (Hugverkatíðindi), which is issued on the 15th of each month on the ISIPO website.

Opposition may be filed against the registration of a trademark if the filer believes that:

An identical or similar mark has already been applied for or registered for the same or similar goods and services, creating a likelihood of confusion.
The mark in question could cause confusion with another mark that has acquired trademark rights through use.
The mark is identical or similar to older rights, such as a registered trademark, trade name, copyright, etc.
The mark does not meet the legal requirements for registrability under the Trademark Act.

Filing an Opposition

Opposition to the registration of a trademark can be submitted by clicking the appropriate button on the trademark record in the trademark search engine.

A non-refundable fee must accompany the opposition in accordance with the fee schedule.

The opposition must include the following:

The name of the party/opponent and their representative, if applicable, along with their address, phone number, and email address.
An attachment detailing the grounds for the opposition.
Key arguments supporting the opposition, along with relevant evidence if applicable.
The provisions of the Trademark Act on which the opposition is based.
The goods and/or services categories the opposition applies to, with specifications.
Older rights on which the opposition is based, if applicable.

If the opposition does not meet the above requirements, the opponent will be granted a short deadline to make corrections. If the required fees are not paid within the opposition period, the opposition will be dismissed.

Processing of Opposition Cases and Deadlines

ISIPO notifies the trademark owner of the opposition.
The owner is granted a deadline to respond once the opponent’s statement has been submitted.
In general, both parties are given the opportunity to submit two statements each.
If the opposition is based on a likelihood of confusion with an earlier trademark, the owner of the opposed registration may request that the opponent provide proof of use of their mark.
Once the evidence collection process is complete, ISIPO issues a ruling on the case.
The ruling is published in the Intellectual Property Gazette (Hugverkatíðindi).

Case Postponements

Upon the joint request of both parties, the proceedings may be postponed for a minimum of two months if the parties wish to pursue a settlement.

At the request of both parties, the postponement may be extended for a minimum of two months at a time.

Requests for postponement must be submitted to ISIPO either jointly by both parties or separately with the consent of the opposing party. ISIPO will then postpone the proceedings for at least two months. ISIPO may also take into account the specific time period requested by the parties and adjust the postponement accordingly.

If the parties reach a settlement, whether to continue or withdraw the opposition case, the result must be communicated to ISIPO. The office will then either proceed with the case in full or in part or dismiss the opposition.

If no information regarding the settlement outcome is received within 24 months from the start of the settlement negotiations, ISIPO will resume proceedings.

Postponement of Proceedings Initiated by ISIPO

ISIPO may postpone opposition proceedings if the outcome of another case is likely to affect the matter. If the office postpones the proceedings, the parties will receive a reasoned notice explaining the decision.

Decision

ISIPO issues rulings in opposition cases. The office may accept the opposition in whole or in part, reject it, or transfer the rights to the opponent if requested.

If ISIPO determines that the rights should be transferred to the opponent, both parties are notified of the decision. The opponent is then granted a one-month deadline to pay a new application fee. The case will be finalized once the fee is paid. If the opponent fails to pay the fee within the specified timeframe, ISIPO will resume processing the case.

The ruling in an opposition case is sent to the parties involved. The results of rulings are published in the Intellectual Property Gazette (Hugverkatíðindi), and the full decision is made available on ISIPO’s website, along with the parties' statements.

If the registration remains valid, the trademark retains its registration date once the appeal period has expired, provided the case is not brought before the Board of Appeal or the courts. Should ISIPO's decision to transfer rights in an opposition case be overturned, the application fee will be refunded.

Appeals

In accordance with Article 63(1) of the Trademark Act, ISIPO's decision in an opposition case may be appealed to the Board of Appeal for Industrial Property Rights within two months of the ruling or brought before the courts within three months of the decision date.