By registering collective marks, companies or organisations can obtain proprietary rights for their members to use a common identifier for goods or services for commercial purposes. Moreover, authorities, establishments, associations or unions may acquire proprietary rights to a trademark used for goods or services to which controls or standards apply.
Applying for the registration of a collective mark
Collective marks may be filed with the Icelandic Patent Office. The same form is used for the registration of trademarks and collective marks. Specific mention must be made on the form that the application is for the registration of a collective mark. Collective marks listed in the Trademarks Registry must meet the same registration requirements as trademarks. In addition, the rules that apply to the use of the mark must be attached to the application. The rules shall state the following:
- Who is authorised to use the mark and what conditions are set for such authorisation.
- What would be the consequences of unlawful use.
- What rights and duties the owner of the mark has vis-à-vis those using the mark in an unlawful manner.
International registration of collective trademarks
The same applies to the registration system of collective marks as applies to trademarks. The applicant must file an application for registration in Iceland before or at the same time as the international application is filed. The mark must be identical in both cases and the list of goods and services may not be more extensive than indicated in the national application.