Region: Iceland

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.

11 May 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.

27 February 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.

26 January 2018

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.

07 September 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.

22 February 2017

Supreme Court finds in favour of Ursus

The Supreme Court has issued a judgment prohibiting Ursus Maritimus Investors from using the word 'ursus' in the company name, trademarks and otherwise in the course of business on the grounds of confusion.

12 January 2017

Board of Appeal accepts registration of SHARING EXPERTISE

The Icelandic Patent Office had held that the word mark SHARING EXPERTISE lacked distinctive character and was descriptive of the goods and services covered. However, the Board of Appeal overturned this decision and accepted registration of the mark.

22 June 2016

Apple prevails in trademark opposition

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

Board of Appeal overturns Patent Office decision in MOLESKINE case

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

Iceland

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

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