HomeIcelandEUIPO’s Grand Board rules in preference of Iceland

EUIPO’s Grand Board rules in preference of Iceland

In 2019, the EUROPEAN UNION Intellectual Property Office recognized all of the Icelandic State’s demands when it concluded that the retail chain’s trademark registration of the word mark ICELAND was invalid in the entirety. In its ruling of December 15, the Grand Board of Appeal verifies all the points of that locating. 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 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 nation of origin when advertising their goods and services in the European Economic Area.
“This finding is really a big victory and protects the value inherent in being able to identify with the country of origin and the valuable brand Iceland , ” said Minister better Education, Science and Advancement Áslaug Arna Sigurbjörnsdóttir. “It is also likely that the obtaining will affect developments in international intellectual property regulation and it is pleasing to think that Iceland is leading that will process. ”
The Board associated with Appeals’ findings regarding the phrase mark
The Board of Appeals’ findings regarding the logo
“This unequivocal finding of the Board of Appeal is very pleasing; however , this entire case is pretty absurd, ” said Minister 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 has a reputation for purity plus high quality. No-one should be able to state ownership of the name of the sovereign state. ”
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 of Icelandic Enterprise, filed Iceland’s request for a declaration associated with invalidity with the European Union Mental Property Office (EUIPO) in 2016.   Oral process before the Board of Attractiveness were held last Sept. The Icelandic State’s 2016 request that EUIPO invalidate the word mark ICELAND was based on the trademark not satisfying the legal requirements intended for registration as a European Union trademark. The Icelandic authorities and parties to the case stressed that it was necessary to reach the substantive finding in the Panel of Appeals’ deliberation from the case, this being an unparalleled case for Icelandic interests as there are no identified incidences of a similar usage of a geographical name inside trademark law. The celebrations to the case have had several meetings over the years to discuss the compromise, but these have not produced an acceptable conclusion.

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