HomeIcelandEUIPO’s Grand Board rules in favour of Iceland

EUIPO’s Grand Board rules in favour of Iceland

In 2019, the EUROPEAN UNION Intellectual Property Office accepted 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 associated with December 15, the Fantastic Board of Appeal confirms all the points of that obtaining. The time-limit to appeal the finding to the Court of Justice of the European Union  is 15 February 2023. Europe Intellectual Property Office’s Grand Board of Appeal offers 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 through identifying themselves with their nation of origin when marketing and advertising their goods and services in the Euro Economic Area.
The Icelandic authorities and parties to the case pressured 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 interests as there are no known incidences of a similar usage of a geographical name within trademark law. The celebrations to the case have had a number of meetings over the years to discuss a compromise, but these have not produced an acceptable conclusion.
“This finding is really a big victory and shields the value inherent in having the ability to identify with the country of origin and the valuable trademark Iceland , ” said Minister of Higher Education, Science and Innovation Áslaug Arna Sigurbjörnsdóttir. “It is also likely that the finding will affect developments in international intellectual property law and it is pleasing to think that Iceland is leading that process. ”
“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 regarding Icelandic export enterprises to be able to refer to their origin, specifically considering that our country has a reputation for purity plus high quality. No-one should be able to claim ownership of the name of the sovereign state. ”
The Board of 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) in 2016.   Oral process before the Board of Appeal were held last September. The Icelandic State’s 2016 request that EUIPO invalidate the word mark ICELAND had been based on the trademark not fulfilling the legal requirements to get registration as a European Union brand.

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