CTM for CANNABIS is too descriptive of beer
10.12.09
The Court of First Instance (CFI) has upheld a invalidity finding in relation to CANNABIS as a community trade mark for beer and other goods in classes 32 and 33. This sign was held to be exclusively descriptive under Article 7(1)( c)of the Community Trade Marks Regulation as "those who purchase a beer bearing the trade mark CANNABIS will very probably do so because they are convinced that it contains cannabis and are attracted by the possibility of obtaining from the beverage the same, or at the very least similar, sensations as they obtain from the consumption of cannabis in another form".
Key Contact
Gordon Harris, partner, +44 (0)121 629 1499 / +44 (0)20 7664 0326, gordon_harris@wragge.com
This alert may contain information of general interest about current legal issues, but does not give legal advice.

