The country of Iceland freezes out the eponymous supermarket: ICELAND trade marks invalidated

2019 ◽  
Vol 15 (1) ◽  
pp. 4-5
Author(s):  
Darren Meale ◽  
Nicola Walles

Abstract The Icelandic Ministry for Foreign Affairs and Others v Iceland Foods Limited, EUIPO Cancellation No 14 030 C (Invalidity), 5 April 2019; Icelandic Trade mark Holding ehf v Iceland Foods Limited, EUIPO Cancellation No. 19 387 C (Invalidity), 27 May 2019 Iceland Foods’ European Union trade marks for ICELAND were held invalid for all goods and services in a duo of recent decisions from the European Union Intellectual Property Office Cancellation Division, after The Icelandic Ministry for Foreign Affairs successfully argued that the exclusive rights conferred on the food and beverage retail giant unfairly monopolized what is, of course, the name of a country in the European Economic Area.

Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson

This chapter examines revocation as a reason for removing a mark from the register and the grounds for revocation as set out in section 46 of the Trade Marks Act 1994 and Article 57 of the European Union Trade Marks Regulation. It begins by discussing the first ground on which a mark may be revoked: ‘non-use’ (the trade mark has not been used for five years following the date of completion of the registration). It considers the relevant period of non-use and proper reasons for non-use, along with the issue of rewriting the specification with respect to goods and services. The chapter then looks at the second ground for the revocation of trade marks: if the mark has become the ‘common name in the trade’ (that is, generic marks). The final reason for revocation is if the mark has been used in a way that misleads the public (that is, deception is involved).


Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson

This chapter focuses on the process of registration for trade marks in the UK, the European Union, and other countries. It begins by explaining the differences in procedures and documentation needed in filing trade mark applications at the national, regional, and international levels. The role of the European Union Intellectual Property Office (EUIPO) in processing applications in the EU is considered, along with the international filing systems established under the 1891 Madrid Agreement and the 1989 Madrid Protocol. The chapter concludes by presenting possible avenues through which to acquire trade mark protection. It briefly considers the possible impacts of Brexit.


2020 ◽  
Vol 3 ◽  
pp. 112-117
Author(s):  
Yurii Kapitsa

Methodological issues of approximation of the Ukrainian legislation to the EU legislation in the field of intellectual property are considered. The need for adoption of a sustainable approximation mechanism is justified, including the need of defining Ukraine’s commitments to implement the EU acquis; taking into account the experience of European Economic Area countries in applying of the decisions of the Court of Justice; introducing an analysis of the effectiveness of the application of legislation etc.


2018 ◽  
Vol 33 (2) ◽  
pp. 415-435 ◽  
Author(s):  
Elise Johansen

Abstract In the last several decades, the European Union (EU) has demonstrated its intention to play an important role in supporting Arctic cooperation and helping to meet the challenges now facing the region. Norway, one of the five Arctic coastal states, and the EU have cooperated closely in this regard, particularly through the Agreement on the European Economic Area (EEA Agreement). This article examines how Norway’s domestic legislation applicable to its Arctic marine areas has been influenced by the development of EU environmental legislation. Specifically, this paper provides a discussion and analysis of the relevant Norwegian laws and mechanisms used to regulate how EU environmental legislation has been incorporated into Norway’s domestic legislation through the EEA Agreement.


2020 ◽  
Vol 8 (11) ◽  
pp. 449-454
Author(s):  
Kamen Petrov ◽  

The exhibition presents the problems of cross-border cooperation and opportunities for partnership. Within the European Union, conditions are created for regional development on the national territory, as well as for border and cross-border cooperation. In this direction, the article outlines the processes of building a number of Euroregions, which are designed to promote regional development. This report will clarify some of the reasons for their construction, their role and what model of cooperation is available within the European Economic Area.


2012 ◽  
Vol 17 (48) ◽  
Author(s):  
G Likatavicius ◽  
M Van de Laar

In 2011, a total of 28,038 new HIV diagnoses were reported by European Union and European Economic Area countries. The annual rate of HIV diagnoses does not show clear signs of decrease and HIV continues to be concentrated in selected populations such as men who have sex with men and injecting drug users, and a high proportion reported as late presenters. Despite effective and available antiretroviral treatment, the number of AIDS cases increased in a few countries.


2019 ◽  
pp. 320-360
Author(s):  
Stavroula Karapapa ◽  
Luke McDonagh

This chapter looks at the various defences against trade mark infringement and the way in which the courts have interpreted them. A defendant's principal argument will be to deny that there has been any infringing conduct, and/or that what has been done is not within the scope of protection given to the registered mark. There are, however, a number of statutory defences. These defences span from the use of one's own name to a framework outlining the conditions of comparative advertisement and the role of exhaustion of rights as a defence to an action for trade mark infringement, including the ways in which the intellectual property owner can object to the parallel importation of non-European Economic Area (EEA) goods.


Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson

This introduction provides an overview of topics covered in this book which relate to all areas of intellectual property law, including the justifications that have been put forward for granting intellectual property rights. It also considers the key international and regional developments that have influenced intellectual property law in the UK, such as the creation of the World Intellectual Property Organisation (WIPO), the Trade-Related Aspects of Intellectual Property Rights (TRIPS) negotiations, and European Union law. The chapter also discusses the ways in which the European Union is involved in intellectual property law, such as its involvement in negotiating and signing treaties. Finally, it looks at the European Economic Area and non-EU regional initiatives on intellectual property, as well as the implications of Brexit.


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