In 2019, the EUROPEAN Intellectual Property Office recognized all of the Icelandic State’s requests when it figured the retail chain’s trademark registration of the word indicate ICELAND was invalid in the entirety. In its ruling associated with December 15, the Grand Board of Appeal verifies all the points of that obtaining. The time-limit to appeal the finding to the Court of Proper rights of the European Union is 15 February 2023. The European Union Intellectual Property Office’s Fantastic Board of Appeal has rejected all of the requests of the British retail chain Iceland Foods Ltd regarding the technique word mark Iceland . The company can no longer stop Icelandic enterprises from identifying themselves with their nation of origin when marketing their goods and services in the Western Economic Area.
“This finding is really a big victory and defends the value inherent in having the ability to identify with the country of origin and the valuable brand Iceland , ” said Minister of Higher Education, Science and Creativity Áslaug Arna Sigurbjörnsdóttir. “It is also likely that the getting will affect developments in international intellectual property legislation and it is pleasing to think that Iceland is leading that process. ”
The Board of Appeals’ findings regarding the term mark
The Board of Appeals’ findings regarding the logo
“This unequivocal finding of the Board of Appeal is very pleasing; nevertheless , this entire case is rather absurd, ” said Ressortchef (umgangssprachlich) for Foreign Affairs Þórdís Kolbrún Reykfjörð Gylfadóttir. “It is of prime importance meant for Icelandic export enterprises in order to refer to their origin, specifically considering that our country has a reputation for purity and high quality. No-one should be able to claim ownership of the name of a sovereign state. ”
The case concerns the basic passions of Icelandic enterprises involved in foreign trade. The Icelandic authorities, in partnership with Business Iceland and the SA Confederation associated with Icelandic Enterprise, filed Iceland’s request for a declaration of invalidity with the European Union Intellectual Property Office (EUIPO) within 2016. Oral proceedings before the Board of Attractiveness 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 just for registration as a European Union trademark. The Icelandic authorities and parties to the case anxious that it was necessary to reach the substantive finding in the Board of Appeals’ deliberation of the case, this being an unparalleled case for Icelandic passions as there are no identified incidences of a similar usage of a geographical name within trademark law. The events to the case have had many meetings over the years to discuss a compromise, but these have not yielded an acceptable conclusion.
