The symbol of cannabis is contrary to public policy and a trademark containing it cannot be registered in the European Union.

In a judgment of December 12th 2019, in case T-683/18, the General Court (Seventh Chamber) stated that a trademark referring to cannabis cannot be registered, as it is contrary to public policy in the meaning of Article 7(1)(f) and Article 7(2) of Regulation 2017/1001on the Trademark of the European Union.

The General Court was requested to make the assessment of the decision of the Second Chamber of Appeal of the European Union Intellectual Property Office (EUIPO) on refusal of registration of a EU application for a word-figurative trademark CANNABIS STORE AMSTERDAM no. 016176968, having the following representation:

 

 

due  to failure to comply with absolute grounds of registration, consisting namely in the lack of conformity to public policy in accordance with Article 7(1)(f) and Article 7(2) of the Regulation of the European Parliament and the Council (EU) 2017/1001 as of 14th June 2017 on the Trademark of the European Union (previously the Regulation of the Council (EC) no. 207/2009 as of 26th February 2009 on the Trademark of the European Union (Journal of Laws 2009, L 78, page 1).

 

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