États-Unis d'Amérique
Islande
Marques de fabrique ou de commerce
[Follow-up question posed by the United States] Does the new Trademark Act of Iceland, which is expected to enter into force on 1 January 1997, contain specific provisions regarding the protection of well-known marks? If so, what provisions of the law will apply?
Iceland does not yet have a new Trade Mark Act. A proposal for such a new Act is, however, being submitted to Parliament later this week in the expectation that it can enter into force on 1 January 1997. The proposal as submitted to Parliament contains specific provisions regarding the protection of well-known marks. In providing protection for unregistered well-known marks, Article 14(7) of the proposed new Act stipulates that a trademark shall not be registered if there is any likelihood of confusion with a trademark that was considered well known in Iceland when the application for registration was filed. This applies also to products or services which are not similar to those in respect of which a trademark is registered, in accordance with the provisions of Article 16.3 of the TRIPS Agreement. The new Trade Mark Act will be notified to the TRIPS Council at the appropriate time.