États-Unis d'Amérique
Islande
Marques de fabrique ou de commerce
7. Article 25a of Iceland’s Trademark Act permits the proprietor of a trademark to present “valid reasons” for continued registration despite non-use of a trademark. Please explain the types of circumstances that would be sufficient to satisfy this provision, including, where relevant, results of administrative or judicial decisions addressing this issue.
Article 25a was introduced into the Icelandic Trademark Act when it was amended by Act No. 67/1993, of 7 May 1993, which entered into force on 1 January 1994. The explanatory text in Act No. 67/1993 contains some examples of circumstances or situations that would not constitute "valid reasons" for continued registration despite non-use of a trademark. These examples are lack of funds, lack of employees, difficulties in obtaining material or difficulties in marketing the product. If however these difficulties are due to circumstances or situations which the proprietor cannot control, for example acts of war (i.e. force majeure), these could be considered valid reasons. No administrative or judicial decisions addressing this issue have been passed to date, and none can be expected before 1999 at the earliest.