// Iceland Foods has lost its appeal over its EU trademark registration
// The dispute between the supermarket chain and country started in 2014
Iceland has lost its appeal to prevent the cancellation of its EU trademark registrations calling an end to the long-running legal battle with the country Iceland.
A ruling by the EU Intellectual Property Office (EUIPO) Grand Board has dismissed the retailer’s appeal of the 2019 court ruling.
As a result, the supermarket chain’s EU trademark registrations will be cancelled.
An Iceland spokesperson told Grocery Gazette the retailer was “disappointed” in the decision.
The ruling “will not change [our] business name, operation or trading in any way”, they said.
“We have traded successfully under our name in the UK since 1970, and we will continue to do so.
“We have never stopped third parties from using the term Iceland to describe products or services from the country of Iceland.
“We had sincerely hoped that we would be able to avoid any legalities in this unnecessary dispute and reach an amicable agreement.
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The dispute between the retailer and the country started in 2014 when it was granted an EU trademark registration.
Although the country won a ruling in 2019 that invalidated Iceland Foods’ EU trademark following claims the supermarket’s name was likely to deceive the general public on the origin of the goods in its stores.
Iceland Foods denied these claims stating it had acquired distinctiveness through five decades of trading.
However, the Grand Board said Iceland Foods had not attempted “to distance itself commercially from the country of Iceland”.
The ruling means corporations looking to register a country name as an EU trademark should be “approached with caution”.
Partner and chartered trademark attorney at IP law firm HGF Lee Curtis said: “These decisions are undoubtedly a blow to Iceland Foods.”
“Although the decisions can be appealed and do not prevent Iceland Foods from using the word ICELAND as a trademark in the European Union, they potentially deal a blow to Iceland Foods’ ability to prevent others using ICELAND as a brand in the European Union.”
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