Region: Iceland

The Patent Office has upheld an opposition by Apple Inc against a trademark application by domestic company FrameWorkz ehf, on the grounds of likelihood of confusion.

10 March 2016

The Board of Appeal has overturned a decision of the Patent Office in which the latter had refused to register the word mark MOLESKINE for goods in Classes 18 and 25 on the grounds that the mark is descriptive of such goods. Among other things, the board held that it was unlikely that registration of the mark would hinder competitors in the same field.

23 September 2015

An unregistered mark which otherwise fulfils the requirements for protection under trademark legislation will, through use, enjoy the same protection as a registered mark. Such exclusive rights in an unregistered mark arise when use of the mark commences in trade in Iceland for goods or services.

18 September 2015

In Gagnaeyðing Ltd v Valgeirsson, the Supreme Court has upheld a decision of the district court finding that, although the compound word ‘gagnaeyðing’ lacked inherent distinctiveness, it had acquired distinctiveness through use. Interestingly, the court did not take into account the Patent Office’s refusal to register that word on the ground that it was descriptive.

20 July 2015

In <I>Icelandic Water Holdings Ltd v Iceland Glacier Wonders Ltd</I>, the Supreme Court has held that Iceland Glacier Wonders was not allowed to use the words ‘Iceland Glacier’ as part of its company name. However, the court found that Iceland Glacier Wonders could use the figurative mark SNO GLACIER WATER ICELAND, as there was no risk of confusion with Icelandic Water Holdings Ltd’s ICELAND GLACIER marks.

07 July 2015

The Consumer Agency has ordered the owners of 'kexhotel.is' to cease using the domain name and to cancel their registration. According to the agency, it must have been evident to the owners of 'kexhotel.is' that use of the domain name could violate Kex Hostel’s exclusive rights in its company name and in the domain name 'kexhostel.is'.

17 April 2015

The Board of Appeal has upheld a decision of the Patent Office in which the latter had rejected a cancellation action on the ground that the ‘legitimate interests’ condition under Article 30 of the Trademarks Act had not been met. The applicant for cancellation had argued that its legitimate interests in the case were based on the existence of a risk of confusion between its mark and the mark the cancellation of which was sought.

21 January 2015

The Board of Appeal has overturned a decision of the Patent Office in which the latter had found that the trademark BODYFIT was descriptive of goods in Class 5. Among other things, the board held that, even if it were assumed that the mark gave the impression to consumers that the goods fit to the body or contribute to health and fitness, it was not evident that BODYFIT provided a general description of the goods at issue.

03 November 2014

In <I>Icelandic Water Holdings Ltd v Iceland Glacier Wonders Ltd</I>, the Reykjavik District Court has considered whether the defendant, which markets and exports water, could use the plaintiff’s ICELAND GLACIER marks in its company name. Among other things, the court held that the plaintiff could not rely on its word mark ICELAND GLACIER, since water and ice were specifically excluded from the application at the examination stage.

04 September 2014

In Gagnaeyðing Ltd v Pétur Axel Valgeirsson, the Norðurland eystra District Court has considered whether the defendant’s use of the name Gagnaeyðing Norðurlands infringed the plaintiff’s rights in the mark GAGNAEYÐING ('gagn' means ‘data’, while 'eyðing' means ‘destruction’). Among other things, the court found that the word 'gagnaeyðing' had acquired distinctiveness through use over a period of 20 years.

31 July 2014