Estados Unidos de América

Islandia

Marcas de fábrica o de comercio

9. TRIPS Article 20 provides that the use of a trademark shall not be encumbered by special requirements. However, Article 10 of Iceland’s Trademark Act states that under certain circumstances “marks may be used only in a special manner, for example in a particular design or with the addition of a place name ...”. Please explain how this provision complies with TRIPS Article 20.

According to Article 10 of the Icelandic Trademark Act, the Courts may decide in the cases set out in Articles 8 and 9 - if it is considered reasonable - that trademarks may be used only in a special manner. This is only in cases where it is necessary to prevent any likelihood of confusion and where it is found reasonable. According to Article 20 of the TRIPS Agreement the use of a trademark shall "not be unjustifiably encumbered by special requirements". In the opinion of Iceland, this provision in the TRIPS Agreement does not prohibit a provision like Article 10 of the Icelandic Trademark Act, because of the word "unjustifiably".