Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 29/10/2019

Emanuel Pulis

56 Ghajn Zejtuna Santa Maria Estate

Mellieha MLH 2704

MALTA

Application No:	018104009
Your reference:
Trade mark:	Cannabiz World
Mark type:	Figurative mark
Applicant:	Emanuel Pulis 56 Ghajn Zejtuna Santa Maria Estate Mellieha MLH 2704 MALTA

The Office raised an objection on 16/08/2019 pursuant to Article 7(1)(f) EUTMR because it found that the trade mark applied for, , is not eligible for registration for some of the services applied for, for the reasons set out in the attached letter, which forms an integral part of this decision.

Article 7(1)(f) EUTMR excludes from registration trademarks that are contrary to public policy in relation to the services for which protection is sought. The recreational use of psychoactive substances is prohibited or discouraged by the legal systems in the majority of the Member States and the EU has undertaken drug policy initiatives to fight against illicit drugs.

In the present case, the average English-speaking consumers would will recognise the word ‘CANNABIZ’ as clearly referring to the drug ‘cannabis’ whose use for recreational purposes is prohibited by law in many Member States of the EU.

The sign ‘CANNABIZ WORLD’, when used in relation to entertainment services and entertainment information applied for in Class 41, would be instantly perceived by the relevant public as an indication which has the effect of normalizing an activity prohibited in many Member States of the EU, namely the recreational use of cannabis.

Consequently, the mark applied for is considered to be contrary to the accepted principles of public policy and morality within the meaning of Article 7(1)(f) EUTMR and cannot be registered for the services in question.

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) EUTMR, the application for European Union trade mark No 18 104 009 is hereby rejected for the following services:

Class 41 Entertainer services; Entertainment information.

The application may proceed for the remaining services:

Class 41 Arranging and conducting of conferences; Conferences (Arranging and conducting of -); Arranging and conducting conferences; Arranging and conducting conferences and seminars; Arranging and conducting educational conferences; Organisation of exhibitions for educational purposes; Organisation of exhibitions for cultural or educational purposes; Organisation of exhibitions for cultural and educational purposes; Games equipment rental; Presentation of live performances; Production of shows; Rental of show scenery; Rental of motion pictures; Rental of sound recordings; Rental of videotapes; Rental of video cassettes; Rental of video recordings; Rental of radio and television sets; Rental of audio equipment; Rental of lighting apparatus for television studios; Rental of video cameras; Arranging and conducting of workshops [training].

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.

Thorsten Ickenroth