Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 19/09/2019

PHARMATEC AMSTERDAM

VIA MICHELE TROISI N 59

I-70126 BARI

ITALIA

Application No:	018019217
Your reference:
Trade mark:	MAGIC WEED AMSTERDAM XXX
Mark type:	Figurative mark
Applicant:	PHARMATEC AMSTERDAM VIA MICHELE TROISI N 59 I-70126 BARI ITALIA

The Office raised an objection on 22/02/2019 and 19/06/2019 pursuant to Article 7(1) (f) and Article 7(2) EUTMR because it found that the trade mark applied for is not eligible for registration, for the reasons set out in the attached letters, which forms an integral part of this decision.

It is a well-known fact that law in many Member States of the EU prohibits the purchasing or consumption of cannabis/marijuana or products containing cannabis/marijuana. The word ‘weed’ will be perceived as referring to cannabis/marijuana. This meaning is further reinforced by the figurative elements: cannabis leaves and the word ‘Amsterdam’ (a famous city for its ‘coffee shops’ authorised for the sale of cannabis). Therefore, in the territory of the EU where English is spoken and understood, the sign for which protection is sought ‘MAGIC WEED AMSTERDAM XXX’, would simply be perceived as a promotional message, which encourages an activity prohibited in many Member States of the EU, namely the consumption or sale of ‘magical’ weed from Amsterdam.

The sign, which conveys a message promoting the use of an illegal drug (cannabis/marijuana) for recreational purposes, should be excluded from registration.

Therefore, the mark falls under the prohibition of Article 7(1)(f) EUTMR since many Member States of the EU have enacted laws against the trade with narcotic substances such as cannabis/marijuana – except under special license for e.g. medicinal purposes.

The applicant failed to submit observations within the time limit specified in the second notification sent on 19/06/2019. 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 18 019 217 is hereby rejected for all the goods claimed.

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.

Julia TESCH