January 30, 2023

Latable du Moulin

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Iceland Foods Loses Again On Appeal Of ‘Iceland’ EU Trademark

3 min read
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from the iced-out dept

You will with any luck , remember our ongoing conversations about a person of the strangest trademark disputes I have at any time encountered between Iceland Foodstuff, a grocer in the EU, and Iceland, the country. Way back in 2016, Iceland petitioned to remove a trademark Iceland Meals had for its business title, arguing that the trademark experienced allowed the organization to block Icelandic firms working with their have location of origin in their names. Iceland Foodstuff tried to then perform good, professing it would not pursue Icelandic companies aggressively any lengthier, but it was way too late by then. Iceland got the absurd trademark registration revoked. Alternatively than leaving properly enough by yourself and just going about conducting its enterprise, Iceland Food items made a decision to retain the absurdity heading by interesting the conclusion to the Grand Board of the EUIPO.

But now, ideally this tale of absurdity has eventually appear to an stop with the Grand Board rejecting the charm by Iceland Foods.

Iceland Foods’ enchantment in opposition to this determination has now been turned down by the EUIPO Grand Board, indicating its EU trademark registrations will be cancelled. In summing up, the Grand Board explained that while there nothing at all in law to reduce registering place names as emblems, the registration of these names experienced to be “approached with caution”.

The board stated traders really should not have to ‘look about their shoulder’ when making use of geographic terms to describe their items and services and must not have to fret they may possibly be sued. It also stated that mentioned that “average consumers” had been most likely to make assumptions about merchandise on the foundation of their countrywide provenance.

That is specifically suitable. It’s not that you can not have trademarks that contain geographic areas, entire stop. But it is the situation that logos including geographic phrases need to not end result in other members in commerce being not able to denote their possess locations of origin, nor the origin of selected products. Given Iceland Foods’ earlier actions in enforcing its formerly held trademark, the business flat out proved as a result of its own steps that this individual trademark was developing the very dilemma the Grand Board claims shouldn’t be allowed to exist.

And though this doesn’t disallow Iceland Foodstuff continuing to use its enterprise title, it does signify that it just cannot threaten other individuals above use of the phrase “Iceland” any longer. That is, for now at the very least.

“These decisions are without doubt a blow to Iceland Foods,” claimed associate and chartered trademark legal professional at IP regulation business HGF, Lee Curtis. “Although the decisions can be appealed and do not protect against Iceland Meals from applying the term Iceland as a trademark in the EU, they potentially deal a blow to Iceland Foods’ capacity to avoid some others working with Iceland as a brand name in the European Union.”

I genuinely would feel that Iceland Food items would now go away this alone… but I believed that the final time as properly. It’s really hard to think about it appealing this selection, but I guess we’ll just need to have to wait and see.

Submitted Underneath: eu, euipo, iceland, trademark

Companies: iceland food items

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