In 2019, the EUROPEAN UNION Intellectual Property Office approved all of the Icelandic State’s demands when it concluded that the retail chain’s trademark registration of the word tag ICELAND was invalid in the entirety. In its ruling of December 15, the Grand Board of Appeal confirms all the points of that searching for. The time-limit to attractiveness the finding to the Court of Proper rights of the European Union is 15 February 2023. The Icelandic authorities plus 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 unprecedented case for Icelandic passions as there are no identified incidences of a similar usage 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.
The European Union Intellectual Property Office’s Fantastic Board of Appeal offers 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 through identifying themselves with their country of origin when marketing their goods and services in the Western Economic Area.
The Board associated with Appeals’ findings regarding the term mark
The Board of Appeals’ findings regarding the logo
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 associated with Icelandic Enterprise, filed Iceland’s request for a declaration of invalidity with the European Union Mental Property Office (EUIPO) within 2016. Oral proceedings before the Board of Charm 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 just for registration as a European Union brand.
“This unequivocal finding of the Board associated with Appeal is very pleasing; nevertheless , this entire case is pretty absurd, ” said Minister for Foreign Affairs Þórdís Kolbrún Reykfjörð Gylfadóttir. “It is of prime importance pertaining to Icelandic export enterprises in order to refer to their origin, especially considering that our country has a reputation for purity and high quality. No-one should be able to declare ownership of the name of the sovereign state. ” “This finding is a big victory and safeguards the value inherent in being able to identify with the country associated with origin and the valuable brand Iceland , ” said Minister of Higher Education, Science and Development Áslaug Arna Sigurbjörnsdóttir. “It is also likely that the uncovering will affect developments in international intellectual property law and it is pleasing to think that Iceland is leading that will process. ”
