{"id":25542,"date":"2022-12-23T06:05:22","date_gmt":"2022-12-23T06:05:22","guid":{"rendered":"https:\/\/mailinvest.blog\/index.php\/2022\/12\/23\/iceland-foods-loses-again-on-appeal-of-iceland-eu-trademark\/"},"modified":"2022-12-23T06:05:22","modified_gmt":"2022-12-23T06:05:22","slug":"iceland-foods-loses-again-on-appeal-of-iceland-eu-trademark","status":"publish","type":"post","link":"https:\/\/mailinvest.blog\/index.php\/2022\/12\/23\/iceland-foods-loses-again-on-appeal-of-iceland-eu-trademark\/","title":{"rendered":"Iceland Foods Loses Again On Appeal Of \u2018Iceland\u2019 EU Trademark"},"content":{"rendered":"

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from the iced-out<\/i> dept<\/h3>\n

You will hopefully recall our ongoing discussions about one of the strangest trademark disputes I\u2019ve ever encountered between Iceland Foods, a grocer in the EU, and Iceland, the country. Way back in 2016, Iceland petitioned<\/a> to remove a trademark Iceland Foods had for its company name, arguing that the trademark had allowed the company to block Icelandic companies using their own place of origin in their names. Iceland Foods attempted to then play nice, claiming it wouldn\u2019t pursue Icelandic companies aggressively any longer, but it was too late by then. Iceland got the absurd trademark registration revoked<\/a>. Rather than leaving well enough alone and just going about conducting its business, Iceland Foods decided to keep the absurdity going by appealing<\/a> the decision to the Grand Board of the EUIPO.<\/p>\n

But now, hopefully this tale of absurdity has finally come to an end with the Grand Board rejecting the appeal by Iceland Foods<\/a>.<\/p>\n

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Iceland Foods\u2019 appeal against this decision has now been rejected by the EUIPO Grand Board, meaning its EU trademark registrations will be cancelled. In summing up, the Grand Board said that while there nothing in law to prevent registering country names as trademarks, the registration of such names had to be \u201capproached with caution\u201d.<\/em><\/p>\n

The board said traders should not have to \u2018look over their shoulder\u2019 when using geographic terms to describe their products and services and should not have to worry they might be sued. It also said that said that \u201caverage consumers\u201d were likely to make assumptions about products on the basis of their national provenance.<\/em><\/p>\n<\/blockquote>\n

That\u2019s exactly right. It\u2019s not that you cannot have trademarks that include geographic locations, full stop. But it is<\/em> the case that trademarks including geographic terms should not result in other participants in commerce being unable to denote their own places of origin, nor the origin of certain products. Given Iceland Foods\u2019 previous actions in enforcing its previously held trademark, the company flat out proved through its own actions that this particular trademark was creating the very problem the Grand Board says shouldn\u2019t be allowed to exist.<\/p>\n

And while this doesn\u2019t disallow Iceland Foods continuing to use its business name, it does mean that it can\u2019t threaten others over use of the term \u201cIceland\u201d any longer. That is, for now at least.<\/p>\n

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\u201cThese decisions are undoubtedly a blow to Iceland Foods,\u201d said partner and chartered trademark attorney at IP law firm HGF, Lee Curtis. \u201cAlthough the decisions can be appealed and do not prevent Iceland Foods from using the word Iceland as a trademark in the EU, they potentially deal a blow to Iceland Foods\u2019 ability to prevent others using Iceland as a brand in the European Union.\u201d<\/em><\/p>\n<\/blockquote>\n

I really would think that Iceland Foods would now leave this alone\u2026 but I thought that the last time as well. It\u2019s hard to imagine it appealing this decision, but I guess we\u2019ll just need to wait and see.<\/p>\n

\nFiled Under: eu<\/a>, euipo<\/a>, iceland<\/a>, trademark<\/a>
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Companies: iceland foods<\/a>\n<\/p>\n<\/div>\n