European Union and Russian Approaches to Registering Cannabis Trademarks

European Union and Russian Approaches to Registering Cannabis Trademarks

IP Watchdog reports…”Recent case law demonstrates that judicial bodies in the European Union and Russia have taken the stance that cannabis signs and slogans are not acceptable as trademarks as they are contrary to public interest.” The report goes on to say EU General Court Weighs in on CANNABIS STORE AMSTERDAM At the end of 2019, the General Court of the European Union (the Court) reaffirmed the position of the European Union Intellectual Property Office (EUIPO) that the sign CANNABIS STORE AMSTERDAM accompanied by a graphical representation of marijuana leaves were not appropriate for registration and contradicted public policy of the European Union. The Court assessed all presented evidence comprehensively and drew the following conclusions: The applicant submitted for registration for goods and services in classes 30, 32 and 43. In the applicant’s view, the arguments for registration were grounded in the idea that nothing in the proposed sign hinted at a narcotic substance. Moreover, a mood-altering substance is produced primarily from the flowers of cannabis, not the leaves. The Court rejected these arguments. First of all, the three words comprising the word sign CANNABIS STORE AMSTERDAM, interpreted both individually and combined, could be deemed as an obstacle to registration. The first word, “cannabis”, and the graphic representation of marijuana leaves clearly led to the conclusion that the average person with a high degree of probability would perceive this designation as an offer of marijuana (drug) products. The Court stated that, for the conventional consumer, the fact that a narcotic substance is…

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Source : CANNANNEW REPORT
Link to original : European Union and Russian Approaches to Registering Cannabis Trademarks
reposted by Cannabis News World

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