“This finding is really a big victory and safeguards the value inherent in having the ability to identify with the country of origin and the valuable brand Iceland , ” said Minister better Education, Science and Innovation Áslaug Arna Sigurbjörnsdóttir. “It is also likely that the uncovering will affect developments in international intellectual property regulation and it is pleasing to think that will Iceland is leading that process. ” The Board of Appeals’ findings regarding the term mark
The Board of Appeals’ findings regarding the logo
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 unparalleled case for Icelandic interests as there are no known incidences of a similar usage of a geographical name inside trademark law. The celebrations to the case have had many meetings over the years to discuss a compromise, but these have not produced an acceptable conclusion.
“This unequivocal finding of the Board associated with Appeal is very pleasing; nevertheless , this entire case is quite absurd, ” said Ressortchef (umgangssprachlich) for Foreign Affairs Þórdís Kolbrún Reykfjörð Gylfadóttir. “It is of prime importance intended for 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. ”
In 2019, the EUROPEAN UNION Intellectual Property Office recognized all of the Icelandic State’s requests when it figured the retail chain’s trademark registration of the word mark ICELAND was invalid in its entirety. In its ruling of December 15, the Fantastic Board of Appeal verifies all the points of that obtaining. 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 passions of Icelandic enterprises involved 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 Mental Property Office (EUIPO) within 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 meant for registration as a European Union trademark. Europe Intellectual Property Office’s Grand Board of Appeal has rejected all of the requests of 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 advertising their goods and services in the Euro Economic Area.
