25/04/2024Key Takeaways – April Breakfast Briefing: Structuring for Token Issuance
On 16 April 2024, Memery Crystal and Rosenblatt held the latest roundtable in our… Read more
13/01/2020
According to the European Court, the answer is no – based on public policy.
Background
In December 2016, Ms. Santa Conte, based in Amsterdam, had filed an application to register as an EU trade mark a stylised depiction of a cannabis leaf which included the words “CANNABIS”, “STORE” and “AMSTERDAM”.
She argued that the word ‘cannabis’ does not refer to any illegal narcotic substance, but merely to the everyday term for hemp.
Decision
The court said that a stylised depiction of a cannabis leaf is contrary to public policy for four reasons:
Memery Crystal Comment:
This was an application for an EU trade mark – across all 28 member states.
The decision does not necessarily prevent use of the cannabis leaf in unregistered logos or product packaging, where relevant. Also, where a trade mark registration is needed, applications could still be sought in individual countries where use is legal.
This is a fast-moving area and refusals of registration at this stage may well be more open in the future as national rules relax.
(The entire press release and the picture can be found here).
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
On 16 April 2024, Memery Crystal and Rosenblatt held the latest roundtable in our… Read more
What does a UK business (‘data exporter’) wishing to transfer personal data to another business… Read more
Memery Crystal’s Corporate team has started 2024 with a bang, advising on three equity… Read more
In this five-part audio series in association with The Gambling Law Review and Lexology, Partner and renowned gambling… Read more