The European Union Intellectual Property Office’s Great Board of Appeal provides rejected all of the requests from the British retail chain Iceland Foods Ltd regarding the technique word mark Iceland . The company cannot stop Icelandic enterprises through identifying themselves with their country of origin when marketing and advertising their goods and services in the Euro Economic Area. In 2019, the EU Intellectual Property Office approved all of the Icelandic State’s demands when it figured the retail chain’s trademark registration of the word indicate ICELAND was invalid in the entirety. In its ruling of December 15, the Grand Board of Appeal verifies all the points of that uncovering. The time-limit to charm the finding to the Court of Proper rights of the European Union is 15 February 2023.
The case concerns the basic interests 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 Charm were held last Sept. The Icelandic State’s 2016 request that EUIPO invalidate the word mark ICELAND had been based on the trademark not satisfying the legal requirements regarding registration as a European Union brand.
“This unequivocal finding of the Board associated with Appeal is very pleasing; however , this entire case is quite absurd, ” said Minister for Foreign Affairs Þórdís Kolbrún Reykfjörð Gylfadóttir. “It is of prime importance to get Icelandic export enterprises in order to refer to their origin, specifically considering that our country includes a reputation for purity and high quality. No-one should be able to claim ownership of the name of a sovereign state. ”
The Icelandic authorities and parties to the case stressed that it was necessary to reach the substantive finding in the Table of Appeals’ deliberation from the case, this being an unprecedented case for Icelandic passions as there are no known incidences of a similar utilization 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.
The Board associated with Appeals’ findings regarding the term mark
The Board of Appeals’ findings regarding the logo “This finding is really a big victory and protects the value inherent in having the ability to identify with the country associated with origin and the valuable brand Iceland , ” said Minister of Higher Education, Science and Innovation Áslaug Arna Sigurbjörnsdóttir. “It is also likely that the acquiring will affect developments in international intellectual property legislation and it is pleasing to think that will Iceland is leading that process. ”
