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Iceland v Iceland- the trade mark dispute thaws with appeal

Written by Ellis Sweetenham on 24 April 2019

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In 2016, the Reading Room reported on one of the big trade mark stories of the year, the invalidation of supermarket Icelands EU trade mark.

There was speculation at the time as to whether we had heard the last of the dispute and while it has been a long time coming, it seems the dispute is rearing it head once more.

Iceland Foods has confirmed it will file an appeal against the EUIPO decision.

The dispute started when Promote Island, a trade organisation partially owned by the Icelandic state opposed their application.

While the mark was successfully registered in 2014, Promote Island succeed in their arguments that the word ‘Iceland’ is a geographical location and therefore is generic and should not be registered.

This was not without issues, as the ruling was actually made in Iceland Foods favour to start with but the EUIPO Cancellation Division overturned the ruling stating that Iceland Foods had failed to file sufficient evidence of genuine use across all relevant territories.

Brace yourselves for some more frosty arguments, keep your eye out on the Reading Room for the updates.

If you'd like to know more about this article please send an email to Ellis Sweetenham quoting the article title and any questions you might have, alternatively call the office number on 02380 235 979 or send an enquiry through our contact form.

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