No risk of confusion between HOTEL KEFLAVÍK and BB Hotel – Keflavik Airport

The Industrial Intellectual Property Appeal Board ruled on March 19 last, in case no. 7/2021 and confirmed the decision of the Intellectual Property Office in annulment case no. 2/2021, that there is no risk of confusion between the trademarks HÓTEL KEFLAVÍK no. V0082922 and BB Hotel – Keflavik Airport no. V0113771.

The Intellectual Property Office's decision was based on the fact that the common part of the marks was inherently descriptive of the service and its location. The mark HÓTEL KEFLAVÍK had furthermore been registered based on acquired distinctiveness through use and therefore the protection of that mark would only extend to what it was registered for. Other elements of the owner's mark, BB Hotel - Keflavik Airport, would have sufficient distinctiveness to distinguish it from the mark HÓTEL KEFLAVÍK.

The Appeal Board confirmed the decision of the Intellectual Property Office on the basis of the same considerations, and therefore the registration of the mark BB Hotel - Keflavik Airport remains valid.