Saturday, November 26, 2016

It’s Iceland vs Iceland as trademark row erupts between country and frozen supermarket chain; The Conversation, 11/25/16

The Conversation; It’s Iceland vs Iceland as trademark row erupts between country and frozen supermarket chain:
"One significant factor that could count against the Icelandic government’s legal challenge is that the application for the Iceland trademark – granted in 2014 – was actually filed by the supermarket chain back in 2002. The reason it took 12 years before the mark was granted was that the application passed through a lengthy and rigorous “opposition” process, which involved the weighing up of the various pros and cons of allowing the mark from various perspectives, most notably the possibility of consumer confusion arising between the “Iceland” mark and any prior existing marks.
Given that Iceland (the country) does not itself seem to own any conflicting trademarks in the name Iceland, it’s hard to see how the Icelandic government can raise any grounds that have not already been dealt with during the application and opposition period from 2002 to 2014.
Nonetheless, the dispute brings up a pertinent question: should it ever be possible to register the name of a country, regardless of what the business is involved in and whether or not there is any likelihood of confusion?"

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