Iceland Foods has lost its latest appeal against the invalidation of its EU trademark for the word ‘Iceland’, the General Court of the European Union has ruled.
The decision upholds previous rulings that found the trademark to be descriptive rather than distinctive, due to its clear link with the country’s production and export of a wide range of goods.
The ruling highlights Iceland’s capacity to produce and export numerous products—including fish, meat, dairy, fruit, vegetables, beverages, and household appliances—meaning the term ‘Iceland’ cannot be exclusively trademarked by a retailer for those goods across the EU.
Lee Curtis, partner and chartered trademark attorney at IP firm HGF, said: “Iceland will undoubtedly be disappointed by the decision. They have invested a fair amount of energy and time into this case appealing it all the way to the General Court.
“This does not mean Iceland Foods cannot use Iceland in the EU, just it will be much harder now to stop others using the term as a trade mark for goods and services of interest to them.”
-
Related Story
-
The court also noted the mark’s descriptive nature extends to retail services linked to those products, meaning the supermarket faces ongoing challenges in enforcing exclusivity in EU markets.
Iceland Foods secured the trademark in 2014 but has faced a protracted legal battle with the Icelandic government and affiliated bodies since 2016, who argue the term describes the country of origin rather than a distinct brand.
This ruling follows earlier challenges and a 2024 decision by the EU Intellectual Property Office that revoked Iceland Foods’ trademark protection, marking another chapter in the retailer’s prolonged legal dispute.
While the ruling does not stop Iceland Foods from trading under the name in the EU, it limits the retailer’s ability to prevent others from using ‘Iceland’ in connection with goods and services.
The supermarket has not yet issued a comment on the ruling.
Click here to sign up to Retail Gazette‘s free daily email newsletter
