In 2019, the EUROPEAN Intellectual Property Office recognized all of the Icelandic State’s demands when it concluded that the retail chain’s trademark 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 uncovering. The time-limit to charm the finding to the Court of Justice of the European Union is 15 February 2023. The European Union Intellectual Property Office’s Fantastic 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 can no longer stop Icelandic enterprises through identifying themselves with their nation of origin when marketing their goods and services in the Western european 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 Advancement Áslaug Arna Sigurbjörnsdóttir. “It is also likely that the getting will affect developments within international intellectual property legislation and it is pleasing to think that will Iceland is leading that process. ”
The Board of Appeals’ findings regarding the phrase mark
The Board of Appeals’ findings regarding the logo
“This unequivocal finding of the Board associated with 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 intended for Icelandic export enterprises to be able to refer to their origin, specifically considering that our country includes a reputation for purity and high quality. No-one should be able to declare ownership of the name of a sovereign state. ”
The case concerns the basic interests 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 procedures before the Board of Attractiveness were held last Sept. The Icelandic State’s 2016 request that EUIPO invalidate the word mark ICELAND was based on the trademark not fulfilling the legal requirements to get registration as a European Union trademark. The Icelandic authorities and parties to the case anxious that it was necessary to reach a substantive finding in the Table of Appeals’ deliberation from the case, this being an unparalleled case for Icelandic interests as there are no known incidences of a similar utilization of a geographical name inside trademark law. The events to the case have had several meetings over the years to discuss a compromise, but these have not produced an acceptable conclusion.
