The Icelandic authorities and parties to the case pressured that it was necessary to reach the substantive finding in the Plank of Appeals’ deliberation of the case, this being an unparalleled case for Icelandic passions as there are no identified incidences of a similar use of a geographical name within trademark law. The celebrations to the case have had several meetings over the years to discuss the compromise, but these have not yielded an acceptable conclusion. “This unequivocal finding of the Board of Appeal is very pleasing; however , this entire case is rather absurd, ” said Minister for Foreign Affairs Þórdís Kolbrún Reykfjörð Gylfadóttir. “It is of prime importance regarding Icelandic export enterprises to be able to refer to their origin, especially considering that our country has a reputation for purity plus high quality. No-one should be able to declare ownership of the name of the sovereign state. ”
The case concerns the basic passions of Icelandic enterprises engaged in foreign trade. The Icelandic authorities, in partnership with Business Iceland and the SA Confederation of Icelandic Enterprise, filed Iceland’s request for a declaration associated with invalidity with the European Union Mental Property Office (EUIPO) in 2016. Oral proceedings before the Board of Appeal were held last September. The Icelandic State’s 2016 request that EUIPO invalidate the word mark ICELAND was based on the trademark not satisfying the legal requirements meant for registration as a European Union brand.
“This finding is really a big victory and shields the value inherent in having the ability to identify with the country associated with origin and the valuable trademark Iceland , ” said Minister of Higher Education, Science and Development Áslaug Arna Sigurbjörnsdóttir. “It is also likely that the choosing will affect developments in international intellectual property law and it is pleasing to think that Iceland is leading that process. ”
The Board of Appeals’ findings regarding the phrase mark
The Board of Appeals’ findings regarding the logo
Europe Intellectual Property Office’s Grand Board of Appeal provides rejected all of the requests of the British retail chain Iceland Foods Ltd regarding the use of the word mark Iceland . The company cannot stop Icelandic enterprises from identifying themselves with their country of origin when marketing and advertising their goods and services in the Western Economic Area. In 2019, the EUROPEAN UNION Intellectual Property Office recognized all of the Icelandic State’s requests when it figured the retail chain’s brand registration of the word mark ICELAND was invalid in its entirety. In its ruling associated with December 15, the Fantastic Board of Appeal confirms all the points of that locating. The time-limit to attractiveness the finding to the Court of Proper rights of the European Union is 15 February 2023.
