Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 20/03/2018

BAP IP BVBA - BRANTSANDPATENTS

Pauline Van Pottelsberghelaan 24

B-9051 Sint-Denijs-Westrem (Gent)

BÉLGICA

Application No:	17 018 318
Your reference:	PALM-08702-T-REG-EM
Trade mark:	WEEDS
Mark type:	Word mark
Applicant:	Weeds Glass & Gifts Ltd. 1232 Burrard Street Vancouver BC V6Z 1Z1 CANADÁ

The Office raised a partial objection on 08/09/2017 pursuant to Article 7(1)(f) and Article 7(2) EUTMR because it found that the trade mark applied for, ‘WEEDS’ will be perceived as or associated with the word ‘weed’ which is slang or informal for ‘cannabis’ and ‘tobacco’, for the reasons set out in the attached letter.

Upon request from the applicant, the Office extended on 02/11/2017 the dead-line for submitting observations in reply with two months till 13/01/2018.

The applicant failed to submit observations within the time limit. For the reasons set out in the letter of objection, and pursuant to Article 7(1)(f) and Article 7(2) EUTMR, the application for European Union trade mark No  17 018 318 is hereby partially rejected for the following goods and services:

Class 34 Cannabis, its derivatives and preparations, namely marijuana, marijuana cigarettes, cannabis resin, oil, shatter, budder, wax, cannabis seeds, cannabidiol, cannabinol, tetrahydrocannabinol, and cannabinoids.

Class 35 Retail services, namely, retail and online sales of cannabis and its derivatives, oils, tinctures, creams, salves, lozenges, and food and drink products containing cannabinoids, hand pipes, water pipes, bowls, nails, and papers for the smoking and vaporization of cannabis and its derivatives.

The application may proceed for the remaining goods and services, namely:

Class 3 Body care products containing cannabinoids, namely body, hand and facial creams, bath and skin lotions, skin moisturizers and moisturizing lotions, topical creams, gels, salves, sprays, lip balms, and ointments.

Class 30 Food products containing cannabinoids, namely edible oils, protein powders, snack bars, energy bars, meal-replacement bars, chocolates, candies, lozenges, gummies, chewing gums, and bakery goods, namely cupcakes, cakes, muffins, pastries, cookies, biscuits, scones, loafs, bread and buns, brownies and pies.

Class 32 Drink products containing cannabinoids, namely soft drinks, milk, teas, and waters.

Class 41 Educational services regarding medical marijuana and its benefits, medical marijuana laws and advocacy, and medical marijuana research.

According to Article 67 EUTMR, you have a right to appeal against this decision. According to Article 68 EUTMR, notice of appeal must be filed in writing at the Office within two months of the date of notification of this decision. It must be filed in the language of the proceedings in which the decision subject to appeal was taken. Furthermore, a written statement of the grounds of appeal must be filed within four months of the same date. The notice of appeal will be deemed to be filed only when the appeal fee of EUR 720 has been paid.

Finn PEDERSEN