États-Unis d'Amérique
Marques de fabrique ou de commerce
5. Please explain whether a presumption of likelihood of confusion is provided through Iceland’s law in the determination of confusing similarity involving identical marks that are used on identical goods, as required by TRIPS Article 16.1. If so, please identify and explain the legal basis for this presumption.
In case of the use of an identical sign for identical goods or services, a likelihood of confusion is presumed according to the Icelandic Trademark Act. The proprietor does not have to prove likelihood of confusion in each particular case where an identical sign is used for identical goods or services. This follows from Article 4 and Article 6 of the Trademark Act and also from Article 14(6).