États-Unis d'Amérique
Islande
Marques de fabrique ou de commerce
6. Please explain whether Iceland’s law protects trademarks in accordance with TRIPS Article 16.3 and, if so, identify the provision that provides this protection.
There is no specific provision in the Icelandic Trademark Act relating to well-known marks. However, this does not mean that well-known marks are not afforded protection in the Act in accordance with TRIPS Article 16.3. According to Article 3(3), it is prohibited to use any mark which is liable to be confused with a trademark already in use in Iceland or abroad if the one who intends to use the mark knows the mark or ought to have known it. According to Article 14(7), a trademark shall not be registered if it is liable to be confused with a mark which was in use abroad on the filing date of the application and remains in use, provided that at the date of the application the applicant knew the mark or ought to have known it. This provision provides for broad protection for marks in other countries.