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Law / Iceland

Lög um vörumerki nr. 45/1997, Arts. 13, 14 and 40, Misleading Marks and False Connection

Lög um vörumerki nr. 45/1997 (Trade Marks Act), 13., 14. og 40. gr.

In force since .

A false affiliation rule binding private bodies.

Instrument type
an act of a legislature

What it requires

  • Do not expect to register as a trade mark a name, logo or other mark that is liable to mislead people, for example about the nature, condition or geographical origin of goods or services (art. 13, item 7).
  • Do not expect to register a mark that without authorisation contains a coat of arms or other state emblem, a flag, the emblem of an Icelandic municipality, an official inspection or quality mark, or anything liable to be mistaken for them (art. 13, item 8).
  • Get the consent of the right holder concerned before registering a mark that gives reason to believe it refers to the name of an active business, another person's name or image (other than a long-dead person's), or a distinctive property name or a picture of the property (art. 14, item 4).
  • Expect a court to be able to prohibit use of a trade mark that is misleading, in the form in which it is used (art. 40).

These lines are LexLint's reading of the law's text.

What this law does

Drafted with AI

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Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Article 13 of the Trade Marks Act bars registration of a mark that is liable to mislead people, for example about the nature, condition or geographical origin of goods or services. Article 13 also bars registration of a mark that without authorisation contains a coat of arms or other state emblem, a flag, the emblem of an Icelandic municipality, an official inspection or quality mark, or anything liable to be mistaken for them.

Article 14 bars registration, without the consent of the right holder concerned, of a mark that gives reason to believe it refers to the name of an active business, another person's name or image, or a distinctive property name or a picture of the property. The bar in Article 14 does not cover long-dead persons. Article 40 allows a court to prohibit the use of a trade mark that is misleading, in the form in which it is used. Article 40 lets anyone with an interest to protect bring that action. The Act took effect on .

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