In 2019, the EUROPEAN UNION Intellectual Property Office recognized all of the Icelandic State’s requests when it figured the retail chain’s brand registration of the word tag ICELAND was invalid in the entirety. In its ruling associated with December 15, the Great Board of Appeal confirms all the points of that searching for. The time-limit to appeal the finding to the Court of Justice of the European Union is 15 February 2023. The Icelandic authorities plus parties to the case stressed that it was necessary to reach a substantive finding in the Table of Appeals’ deliberation of the case, this being an unparalleled case for Icelandic passions as there are no recognized incidences of a similar utilization of a geographical name within trademark law. The parties to the case have had many meetings over the years to discuss a compromise, but these have not produced an acceptable conclusion.
“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 uncovering will affect developments in international intellectual property law and it is pleasing to think that Iceland is leading that will process. ”
“This unequivocal finding of the Board of 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 pertaining to Icelandic export enterprises in order to refer to their origin, specifically considering that our country has a reputation for purity plus high quality. No-one should be able to declare ownership of the name of a sovereign state. ”
The case concerns the basic passions 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 Intellectual Property Office (EUIPO) within 2016. Oral proceedings before the Board of Appeal were held last Sept. The Icelandic State’s 2016 request that EUIPO invalidate the word mark ICELAND has been based on the trademark not fulfilling the legal requirements for registration as a European Union trademark.
The Board of Appeals’ findings regarding the phrase mark
The Board of Appeals’ findings regarding the logo The European Union Intellectual Property Office’s Grand Board of Appeal provides rejected all of the requests from the British retail chain Iceland Foods Ltd regarding the use of the word mark Iceland . The company cannot stop Icelandic enterprises from identifying themselves with their nation of origin when marketing their goods and services in the Western Economic Area.
