from the iced-out dept
You will with any luck , recall our ongoing discussions about one particular of the strangest trademark disputes I’ve ever encountered in between Iceland Foodstuff, a grocer in the EU, and Iceland, the place. Way back again in 2016, Iceland petitioned to remove a trademark Iceland Meals had for its company name, arguing that the trademark had permitted the corporation to block Icelandic providers applying their own place of origin in their names. Iceland Foodstuff tried to then play great, declaring it wouldn’t pursue Icelandic organizations aggressively any for a longer time, but it was as well late by then. Iceland bought the absurd trademark registration revoked. Instead than leaving properly plenty of on your own and just going about conducting its company, Iceland Meals decided to hold the absurdity going by desirable the choice to the Grand Board of the EUIPO.
But now, ideally this tale of absurdity has eventually occur to an end with the Grand Board rejecting the appeal by Iceland Foods.
Iceland Foods’ attractiveness against this final decision has now been turned down by the EUIPO Grand Board, that means its EU trademark registrations will be cancelled. In summing up, the Grand Board claimed that though there nothing in regulation to reduce registering nation names as logos, the registration of these kinds of names experienced to be “approached with caution”.
The board stated traders ought to not have to ‘look more than their shoulder’ when working with geographic terms to describe their goods and providers and need to not have to be concerned they may be sued. It also claimed that reported that “average consumers” ended up possible to make assumptions about merchandise on the foundation of their national provenance.
That is particularly appropriate. It’s not that you can’t have logos that include things like geographic spots, entire end. But it is the scenario that emblems which include geographic conditions ought to not outcome in other contributors in commerce currently being not able to denote their very own areas of origin, nor the origin of specified products. Specified Iceland Foods’ former steps in imposing its previously held trademark, the business flat out proved via its individual actions that this certain trademark was building the pretty issue the Grand Board states should not be allowed to exist.
And even though this doesn’t disallow Iceland Foods continuing to use its company name, it does signify that it can’t threaten some others over use of the phrase “Iceland” any lengthier. That is, for now at minimum.
“These conclusions are definitely a blow to Iceland Foodstuff,” said lover and chartered trademark lawyer at IP legislation business HGF, Lee Curtis. “Although the decisions can be appealed and do not stop Iceland Meals from working with the phrase Iceland as a trademark in the EU, they most likely deal a blow to Iceland Foods’ skill to prevent other people using Iceland as a manufacturer in the European Union.”
I seriously would consider that Iceland Foodstuff would now leave this alone… but I believed that the previous time as properly. It is tough to picture it pleasing this final decision, but I guess we’ll just need to wait around and see.
Filed Below: eu, euipo, iceland, trademark
Companies: iceland foods
