A bunch of Italian entrepreneurs are still trying to register a trademark with the symbol of cannabis – do such marks really incite consumers to use illegal substances?
New article on IP-Blog.pl by Nina Jankowska
In my previous publications on IP Blog I have already discussed the problems encountered by applicants in connection with registration of trademarks having some reference to hemp and cannabis (The symbol of cannabis is contrary to public policy and a trademark containing it cannot be registered in the European Union.A trademark cannot contain the symbol of cannabis. But is it always so sure?). This time I would like to present the case of three EUTMs and the most recent decisions of the EUIPO Board of Appeal concerning these marks, dating from the first quarter of 2021.
The first case concerns the trademark of the European Union WELL WEED no. EUTM 018282503:
The above trademark was applied by three physical persons from Sardinia, an Italian island in the Mediterranean. The application covers only two classes: 22 (cannabis) and 34 (tobacco and tobacco products (including tobacco substitutes).
The mark met with refusal of granting protection by EUIPO due to being contrary to public policy and accepted principles of morality, which exist in only part of the European Union (art. 7 par. 1 letter f) and art. 7 par. 2 of the Regulation (EU) 2017/1001 on the European Union Trademark).