Iceland

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1 Sep 2019

Procedures and strategies for pharmaceutical brands: Iceland

The parallel import of pharmaceutical products is permitted under Icelandic trademark law, provided that the product has been put on the market in the EEA by or with the consent of the trademark owner. Read more

9 Jul 2019

Appeal court confirms cancellation of TOPPÍS mark in long-running ice-cream war

A ruling from the First Appeal Court of Iceland cancelling the trademark TOPPÍS brings to an end a years-long dispute between two manufacturers of ice cream. Read more

20 Mar 2019

Patent Office rejects WHEN IN ICELAND opposition

A recent Icelandic Patent Office decision serves as a useful reminder that the evaluation of similarity as set out in the Trademarks Act should always involve a nuanced comparison of the marks. Read more

28 Nov 2018

Italian consortium prevents registration of EMILIANA by Chilean wine producer

Iceland’s Patent Office has upheld an opposition filed by Consorzio Tutela Vini Emilia – the Italian association for the protection of the GI ‘Emilia’ for wine – against the registration of EMILIANA by a Chilean wine producer. Read more

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Enforcement and litigation

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1 Sep 2019

Procedures and strategies for pharmaceutical brands: Iceland

The parallel import of pharmaceutical products is permitted under Icelandic trademark law, provided that the product has been put on the market in the EEA by or with the consent of the trademark owner. Read more

9 Jul 2019

Appeal court confirms cancellation of TOPPÍS mark in long-running ice-cream war

A ruling from the First Appeal Court of Iceland cancelling the trademark TOPPÍS brings to an end a years-long dispute between two manufacturers of ice cream. Read more

20 Mar 2019

Patent Office rejects WHEN IN ICELAND opposition

A recent Icelandic Patent Office decision serves as a useful reminder that the evaluation of similarity as set out in the Trademarks Act should always involve a nuanced comparison of the marks. Read more

28 Nov 2018

Italian consortium prevents registration of EMILIANA by Chilean wine producer

Iceland’s Patent Office has upheld an opposition filed by Consorzio Tutela Vini Emilia – the Italian association for the protection of the GI ‘Emilia’ for wine – against the registration of EMILIANA by a Chilean wine producer. Read more

Portfolio management

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22 Feb 2017

Supreme Court: defendant acted in bad faith when registering mark identical to appellant's foreign mark

In Samba LLC v Sushisamba ehf, the Supreme Court has upheld Samba LLC’s claim for the cancellation of Sushisamba ehf’s registration for the mark SUSHISAMBA. Among other things, the Supreme Court found that Samba LLC had proved beyond doubt that Sushisamba ehf knew or should have known of the existence of Samba LLC's foreign mark when it registered its own mark, and had acted in bad faith under Article 14, Paragraph 1, Item 9 of the Trademarks Act. Read more

Trademark law

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11 May 2018

Mastercard wins appeal against device mark for likelihood of confusion

The Board of Appeal has found a likelihood of confusion between Mastercard’s well-known device marks and a device mark comprising two interlocking circles. Read more

27 Feb 2018

APP STORE refusal overturned on appeal: mark distinctive for goods and services in Classes 9 and 35

The Board of Appeal has overturned a decision of the Patent Office refusing to register the mark APP STORE for goods in Class 9 and services in Class 35 on the grounds that it lacked distinctive character and was descriptive. Read more

26 Jan 2018

TÍMAFLAKK mark refused registration

The Reykjavik District Court has upheld an opposition against the registration of the trademark TÍMAFLAKK based on Article 13 of the Trademarks Act. Read more

7 Sep 2017

Differences in assessing likelihood of confusion

The Icelandic Patent Office and board of appeal have differed in how to assess the likelihood of confusion between trademarks in Class 5. The board of appeal overturned the patent office's rejection of the TISTELTO mark, concluding that the prefix ‘TI’ made the marks sufficiently different to avoid any danger of confusion pursuant to the Trademarks Act. Read more

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