The nulitty of the EU trademarks ‘ICELAND’ is confirmed.

TJUE | Judgments of July 16, 2025

Appeal against decisions of the EUIPO Grand Board.

The General Court has confirmed the nullity of the EU trademarks “ICELAND” (word and figurative marks) registered by Iceland Foods Ltd due to their descriptive character within the meaning of Article 7(1)(c) of Regulation (EC) No 207/2009 (now Regulation (EU) 2017/1001).

Key Legal Highlights:

• The term “ICELAND” is perceived by the relevant public (English speakers in the EU) as an indication of geographical origin, even in the absence of specific renown for the goods or services designated.
• It is reiterated that the analysis of the descriptive character must consider a sufficiently direct and concrete relationship between the sign and the characteristics of the goods/services, including their geographical origin.
• The Court validates the Grand Board’s approach in applying a prospective assessment of the geographical term’s ability to be used in trade as an indication of origin.
• It is ruled out that the figurative elements (colors, typography) of the figurative mark alter the descriptive perception of the word element.
• It is confirmed that Article 14(b) EUTMR (descriptive use by third parties) does not neutralize the application of the absolute ground for refusal under Article 7(1)(c) EUTMR.

– Affected Classes: 7, 11, 16, 29 to 32 and 35

– Applicants: Iceland Foods Ltd, supported by INTA

– Interveners: Icelandic Trademark Holding ehf / Íslandstofa, Iceland, and SA – Business Iceland

– Outcome: Appeal dismissed. Iceland Foods Ltd ordered to pay the costs.

Link to the accumulated matters: T – 105/2 y T – 106 /23

July 16, 2025