The Icelandic authorities plus parties to the case pressured that it was necessary to reach a substantive finding in the Plank of Appeals’ deliberation of the case, this being an unprecedented case for Icelandic interests as there are no known incidences of a similar utilization of a geographical name within trademark law. The events to the case have had a number of meetings over the years to discuss a compromise, but these have not produced an acceptable conclusion. The Board of Appeals’ findings regarding the phrase mark
The Board of Appeals’ findings regarding the logo
In 2019, the EU Intellectual Property Office approved all of the Icelandic State’s demands when it concluded that the retail chain’s trademark registration of the word indicate ICELAND was invalid in its entirety. In its ruling of December 15, the Fantastic Board of Appeal confirms all the points of that finding. The time-limit to appeal the finding to the Court of Justice 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 Mental Property Office (EUIPO) in 2016. Oral proceedings 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 satisfying the legal requirements intended for registration as a European Union trademark.
“This finding is really a big victory and shields the value inherent in being able to identify with the country of origin and the valuable trademark Iceland , ” said Minister better Education, Science and Advancement Áslaug Arna Sigurbjörnsdóttir. “It is also likely that the selecting will affect developments in international intellectual property legislation and it is pleasing to think that Iceland is leading that will process. ”
“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 designed for Icelandic export enterprises to be able to refer to their origin, especially considering that our country includes a reputation for purity plus high quality. No-one should be able to declare ownership of the name of the sovereign state. ” Europe Intellectual Property Office’s Great Board of Appeal provides 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 advertising their goods and services in the Western Economic Area.
