Geographical Names as Trade Marks — Lessons from the Iceland Foods Judgment (T-106/23, 16 July 2025)
In Iceland Foods Ltd v EUIPO (Case T-106/23), the General Court of the European Union
dismissed an appeal by Iceland Foods Ltd against the EUIPO’s decision invalidating its EU figurative mark
“ICELAND”. The full judgment is available here:
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EUR-Lex – Case T-106/23, Iceland Foods Ltd v EUIPO (ECLI:EU:T:2025:730)
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Case Background
The dispute began when Icelandic Trademark Holding ehf sought to invalidate the mark “ICELAND” on absolute grounds under Article 7(1)(c) EUTMR, arguing it described geographic origin. The EUIPO agreed and the General Court upheld that finding, ruling that consumers would view “ICELAND” as denoting origin rather than distinctiveness. Stylised colouring and typography were deemed purely decorative.
Key IP-Law Lessons
- Geographical names are high-risk assets. Even potential future association with goods/services can render a mark descriptive.
- Stylisation cannot cure descriptiveness. Decorative colour or font choices do not confer distinctiveness where the word element dominates.
- Public interest in free use prevails. Geographic indicators must remain available to other traders.
- Contextual evidence counts. Economic and cultural data (exports, reputation, tourism) can prove public perception of origin.
- Service marks follow goods analysis. Retail and marketing services linked to a place may also be descriptive.
Implications for PAIL® Clients
| Focus Area | Recommended Action | Outcome |
|---|---|---|
| Brand Development | Conduct a Geographical-Risk Review before filing any mark referencing a place or region. | Avoid wasted filings and invalidation costs. |
| Portfolio Audit | Identify existing marks exposed to descriptive or geographic challenges. | Strengthen and rationalise portfolios. |
| Creative Strategy | Invest in distinctive logos or coined terms and gather use evidence for acquired distinctiveness. | Build registrable, defensible brands. |
| Licensing & Co-Branding | Include clauses barring partners from registering or using conflicting geographic signs. | Prevent future disputes or cancellations. |
| Client Education | Use this case as a live example when advising creators or agencies on brand naming. | Embed proactive legal review in brand planning. |
“The Iceland Foods ruling reminds us that strong brands start with registrable names. In today’s global market, geographic or descriptive terms remain legally fragile assets. Early legal input protects both creative freedom and brand equity.”
For further guidance on trade-mark strategy, portfolio audits, or brand naming across jurisdictions, please contact:
Peter Adediran
IP, Digital Media and Commercial Lawyer| PAIL Solicitors Limited
📞 0207 305 7491 ✉️ peter@pailsolicitors.co.uk
🌐 www.pailsolicitors.co.uk
For contentious matters involving brand protection or invalidity claims, contact our specialist UK trade mark dispute solicitor for expert representation.