Decision on the inherent distinctiveness of an application for a European Union trade mark

(Article 7 EUTMR)

Alicante, 27/01/2020

Thomas Grimm

Prannerstraße 10

80333 München

ALEMANIA

Application No:	018118600
Your reference:	ECC02097EM
Trade mark:	CARE ORGANIC CBD
Mark type:	Word mark
Applicant:	The Green Organic Dutchman Holdings Ltd. 6205 Airport Road, Building A, Suite 301 Mississauga Ontario L4V 1E3 CANADÁ

The Office raised an objection on 30/09/2019 pursuant to Article 7(1)(b) and (c) and Article 7(2) EUTMR because it found that the trade mark applied for is descriptive and devoid of any distinctive character, for the reasons set out in the attached letter.

The applicant submitted its observations on 02/12/2019, which may be summarised as follows.

1. Reference is made to well-established principles from case-law:

• the sign must convey a sufficiently direct and concrete link to the goods or services in question to enable the public concerned immediately, and without further thought, to perceive a description of the goods and services in question or of one of their characteristics;

• the mere combination of descriptive elements itself remains descriptive unless because of the unusual manner in which the word elements are combined, the mark creates an overall impression that is sufficiently far removed from that produced by the mere combination of meanings lent by the elements of which it is composed, with the result that the word combination is more than the sum of its parts;

• descriptiveness must be determined not only in relation to each word taken separately but also in relation to the whole which they form.

2. The word ‘CARE’ in ‘CARE ORGANIC CBD’ will most likely not be perceived as a verb as this would be grammatically incorrect. Due to its incorrect grammar, the special word order will appear as incomplete and as a very unusual arrangement of words.

3. Most consumers will understand ‘CARE’ in the mark applied for as a noun. In this sense ‘CARE’ together with ‘ORGANIC’ or ‘CBD’ makes no sense, as it is unclear what the consumer should be worried about.

4. ‘CARE’ as a noun might be also understood in the way of ‘maintenance’ or ‘grooming’.

5. The single terms of the mark might allude to some of the products or their contents. However, due to the unusual word order, the arrangement as applied will appear to the consumer as a fragment that is so unusual that the mark’s overall impression is sufficiently far removed from that produced by the combination of meanings of the elements of which it is composed, with the result that the word combination is more than the sum of its parts.

Pursuant to Article 94 EUTMR, it is up to the Office to take a decision based on reasons or evidence on which the applicant has had an opportunity to present its comments.

After giving due consideration to the applicant’s arguments, the Office has decided to waive the objection for the following goods and services:

Class 34 Smoking articles and accessories, namely, smoking pipes, cigarette rolling papers, e-cigarettes, water pipes, vaporizers, batteries for vaporizers, marijuana and cannabis grinders, scales, marijuana and cannabis storage boxes, ashtrays, cases for electronic cigarettes, lighters for smokers, hookahs.

Class 35 Online, retail and wholesale sales and distribution of smoking articles and accessories, namely, smoking pipes, cigarette rolling papers, e-cigarettes, water pipes, vaporizers, batteries for vaporizers, marijuana and cannabis grinders, scales, marijuana and cannabis storage boxes, ashtrays, cases for electronic cigarettes, lighters for smokers and hookahs.

The Office takes note of the classification amendment regarding the transfer of some terms into proper classes, and the specification of terms that lacked clarity and precision. However, the objection is maintained against those terms further specified. The list of goods and services for which the objection is maintained read as follows:

Class 3 Marijuana oil for cosmetic purposes; Cannabis oil for cosmetic purposes; Hemp oil for cosmetic purposes; Massage oils containing THC; Massage oils containing CBD; Essential oils containing THC for personal use; Essential oils containing CBD for personal use; Aromatherapy oils containing THC; Aromatherapy oils containing CBD; Body oils, creams and lotions containing THC; Body oils, creams and lotions containing CBD; Bath additives; bath herbs; bath oils; beauty care cosmetics; beauty creams for body care; beauty gels; beauty lotions; body and beauty care cosmetics; body creams; body oils; cosmetic creams; cosmetic oils; cosmetics and make-up; face and body lotions; face and body milk; hair care preparations; hair styling preparations; hand cream; hand lotions; lip care preparations; lip glosses; liquid soaps; skin care preparations; skin creams; skin emollients; skin lotions; skin soap; soaps for body care; soaps for personal use; body oils containing THC; body oils containing CBD; CBD oil capsules; CBD oil drops; Marijuana, cannabis and hemp related products and derivatives, namely extracts, oils, powders, salves, pastes, tablets, capsules, gels, resins, concentrates, hashes and waxes, all of the aforesaid goods intended for cosmetic purposes; Oils, salves, concentrated pastes, tinctures, tablets, powders and capsules each containing resins and oils derived from cannabis, all of the aforesaid goods intended for cosmetic purposes.

Class 5 Medical marijuana; Medical cannabis; Marijuana oil for medical purposes; Cannabis oil for medical purposes; Hemp oil for medical purposes; THC oil for medical purposes; CBD oil for medical purposes; Tincture of cannabis; Tincture of THC; Tincture of CBD; Hemp oil tinctures; Medical marijuana, cannabis and hemp products and derivatives, namely extracts, oils, powders, salves, pastes, tablets, capsules, gels, resins, concentrates, hashes, and waxes; Nutraceuticals for medicinal purposes containing marijuana, cannabis and hemp; Dietary and nutritional supplements consisting of hemp oil, THC oil, cannabis oil, and CBD oil; Dietary, herbal, and nutritional supplements for general health and well-being; Cannabis, THC, CBD and cannabinoid capsules and powders for general health and well-being; Topical skin creams, oils, gels, creams and lotions, bar and liquid soaps, bath additives, bath herbs, bath oils, body creams, body oils, face and body lotions, face and body milk, face lotion, and skin care preparations each containing derivatives of cannabis, and each of the aforementioned products for the relief of pain, for relaxation, for reducing stress and fatigue, for mood enhancement, for maintaining general health and well-being, for relieving anxiety, for relieving depression, as a sleep aid; Topical analgesic creams; topical analgesic lotions; cannabidiol oil for medical purposes; tetrahydrocannabinol oil for medical purposes; THC oil capsules; THC oil drops; Oils, salves, concentrated pastes, tinctures, tablets, powders and capsules each containing resins and oils derived from cannabis, all of the aforesaid goods intended for medical purposes.

Class 29 Marijuana oil for food; Cannabis oil for food; Hemp oil for food; THC oil for food; CBD oil for food.

Class 30 Baked goods containing marijuana; Baked goods containing cannabis; Baked goods containing hemp; Brownies, chocolate bars, candy, cakes, muffins and doughnuts containing marijuana; Brownies, chocolate bars, candy, cakes, muffins and doughnuts containing cannabis; Brownies, chocolate bars, candy, cakes, muffins and doughnuts containing hemp; Chewable candies, gummy candies, chewing gum and candy mints containing marijuana; Chewable candies, gummy candies, chewing gum and candy mints containing cannabis; Chewable candies, gummy candies, chewing gum and candy mints containing hemp; Coffee-based beverages containing marijuana; Coffee-based beverages containing cannabis; Coffee-based beverages containing hemp; Teabased beverages containing marijuana; Tea-based beverages containing cannabis; Tea-based beverages containing hemp; beverages made of coffee containing marijuana; beverages made of tea containing marijuana.

Class 31 Marijuana; cannabis; dried marijuana; dried cannabis; organic marijuana; organic cannabis; organic dried marijuana; organic dried cannabis; live marijuana plants; live cannabis plants; Live hemp plants; Cannabis seeds; Edible pet treats containing marijuana, cannabis and hemp; Edible pet treats containing THC; Edible pet treats containing CBD; Dried hemp; Hemp flowers and leaves.

Class 32 Beer-based beverages containing marijuana; Beer-based beverages containing cannabis; Beerbased beverages containing hemp; Non-alcoholic beverages containing marijuana; Non-alcoholic beverages containing cannabis; Non-alcoholic beverages containing hemp; Beverage shots containing cannabis; Powders used in the preparation of marijuana, cannabis, hemp and CBDbased beverages; Powdered drink and beverage mixes containing marijuana, cannabis, hemp and CBD; vegetable-based beverages containing marijuana; non-alcoholic carbonated beverages containing marijuana; fruit-based beverages containing marijuana.

Class 33 Alcoholic beverages containing marijuana; Alcoholic beverages containing cannabis; Alcoholic beverages containing hemp; alcoholic fruit beverages containing marijuana; wine-based beverages containing marijuana.

Class 34 Marijuana; cannabis; dried marijuana; dried cannabis; cannabis oil for electronic cigarettes; cannabis oil for oral vaporizers for smoking; cannabidiol for electronic cigarettes; tetrahydrocannabinol oil for vaporizers for smoking; herbs for smoking; Marijuana oil for electronic cigarettes; Hemp oil for electronic cigarettes; CBD oil for electronic cigarettes; Cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes and oral vaporizers; Cartridges sold filled with cannabis oil, CBD and THC for electronic cigarettes and oral vaporizers; Pre-rolled blunts, pre-rolled cannabis, and pre-rolled marijuana; Marijuana oil for oral vaporizers for smoking; Hemp oil for oral vaporizers for smoking; CBD oil for oral vaporizers for smoking; THC oil for oral vaporizers for smoking; Hemp oil capsules and drops; Topical skin creams, oils, gels, creams and lotions, bar and liquid soaps, bath additives, bath herbs, bath oils, body creams, body oils, face and body lotions, face and body milk, face lotion, and skin care preparations each containing derivatives of cannabis; Oral sprays containing cannabis; Transdermal patches containing cannabis.

Class 35 Online sales of cannabis and marijuana; Operation of an online bulletin board for publishing of information about benefits of cannabis and marijuana, research in the field of cannabis and marijuana and for users to provide commentary about the content or about subjects relating thereto; Operation of an online bulletin board for registered users to participate in discussions, provide and obtain feedback from other registered users, form virtual communities, and engage in social networking in the field of cannabis and marijuana; Online sales of smoking products and accessories, namely, smoking pipes, cigarette rolling papers, water pipes, vaporizers, grinders, and scales; Consulting services in the field of use of cannabis and marijuana; Online, retail and wholesale sales and distribution of cannabis, marijuana and hemp, derivatives of cannabis, marijuana and hemp, and natural health products containing marijuana, cannabis and hemp.

Class 42 Research services in the field of marijuana, cannabis and hemp; Scientific research in the field of genetics and genetic engineering; Product development in the field of marijuana, cannabis and hemp.

General remarks on Article 7(1)(b) and (c) and Article 7(2) EUTMR

The essential function of a trade mark is to guarantee the identity of the origin of the marked product to the consumer or end-user, by enabling them, without any possibility of confusion, to distinguish the product or service from others that have another origin (23/05/1978, C‑102/77, Hoffman-La Roche v Centrafarm, EU:C:1978:108; 18/06/2002, C‑299/99, Remington, EU:C:2002:377).

The marks referred to in Article 7(1)(c) EUTMR are trade marks that consist exclusively of signs or indications that may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin or the time of production of the goods or rendering of the services, or other characteristics of the goods or services.

The refusal of a trade mark as being descriptive is already justified if, for the relevant public, there is a sufficiently direct and specific relationship between the word mark applied for and the goods or services for which protection is sought (27/02/2002, T‑106/00, Streamserve, EU:T:2002:43).

Furthermore, in accordance with Article 7(1)(c) EUTMR, in order to reject a trade mark it is not necessary for the words to be used in their descriptive sense in trade. It is sufficient that they are capable of being used as such.

Article 7(1)(b) EUTMR is intended to preclude registration of trade marks that are devoid of distinctive character, which alone renders them capable of fulfilling their essential function (16/09/2004, C‑329/02 P, SAT.2, EU:C:2004:532). The finding that a sign is devoid of distinctiveness within the meaning of Article 7(1)(b) EUTMR is not dependent upon a finding that the term concerned is commonly used (12/02/2004, C‑265/00, Biomild, EU:C:2004:87).

When applying Article 7(1)(b) EUTMR, what matters is how the sign applied for will be perceived by typical consumers in relation to the goods and services in question. The distinctive character of the trade mark is determined on the basis of the fact that the mark can be immediately perceived by the relevant public as designating the commercial origin of the goods or services in question (05/12/2002, T‑130/01, Real People, Real Solutions, EU:T:2002:301; 09/07/2008, T‑58/07, Substance for success, EU:T:2008:269).

The marks referred to in Article 7(1)(b) EUTMR are, in particular, those that do not enable the relevant public to repeat the experience of a purchase, if it proves to be positive, or to avoid it, if it proves to be negative, on the occasion of a subsequent acquisition of the goods or services concerned (27/02/2002, T‑79/00, Lite, EU:T:2002:42).

A word mark that is descriptive of characteristics of the goods or services for the purposes of Article 7(1)(c) EUTMR is, on that account, necessarily devoid of any distinctive character with regard to the same goods or services within the meaning of Article 7(1)(b) EUTMR. A mark may be devoid of (any) distinctive character in relation to goods or services for reasons other than the fact that it may be descriptive (12/02/2004, C‑363/99, Postkantoor, EU:C:2004:86).

Article 7(2) EUTMR states that paragraph 7(1) must apply notwithstanding that the grounds preventing registration obtain in only part of the European Union.

As to the applicant’s arguments

The assessment of descriptiveness is based on how the relevant consumer would perceive the sign in relation to the goods and services for which the trade mark is protected.

Since the trade mark at issue is made up of several components (a compound mark), for the purposes of assessing its distinctive character it must be considered as a whole. However, this is not incompatible with an examination of each of the mark’s individual components in turn (19/09/2001, T‑118/00, Tabs (3D), EU:T:2001:226, § 59).

As pointed out in the notice of grounds for refusal, the relevant English-speaking consumer would understand the sign as meaning ‘something that relates to or derives from living plants and animals and makes someone feel less angry, worried or excited/reduce a pain or an itch.’ Definitions of the words ‘CARE’, ‘ORGANIC’ and ‘CBD’ were extracted from the Collins Dictionary and Merriam-Webster Dictionary and constitute clear evidence of their meanings. However, the applicant claims that the word ‘care’ might have several meanings and the word will most likely not be perceived as a verb but as a noun. For instance, ‘care’ may also stand for ‘maintenance’ or ‘grooming’.

The Office agrees that the word ‘care’ might have several meanings. However, for a trade mark to be refused registration under Article 7(1)(c) EUTMR,

it is not necessary that the signs and indications composing the mark that are referred to in that Article actually be in use at the time of the application for registration in a way that is descriptive of goods or services such as those in relation to which the application is filed, or of characteristics of those goods or services. It is sufficient, as the wording of that provision itself indicates, that such signs and indications could be used for such purposes. A sign must therefore be refused registration under that provision if at least one of its possible meanings designates a characteristic of the goods or services concerned.

(23/10/2003, C‑191/01 P, Doublemint, EU:C:2003:579, § 32, emphasis added.).

As to the argument that the mark is grammatically incorrect if the word ‘care’ is perceived as a verb, and that the relevant public would be aware of this, the following should be noted. There is no reason to find this sign syntactically unusual or inaccurate. It is simply a succession of three English words that are spelt correctly. While the three words have a clear meaning, in which the word ‘CARE’ would be a verb, they also have a clear meaning in the order depicted in the mark. Even if the mark were considered to be grammatically incorrect, the following should be kept in mind. Although, according to case-law, an analysis of the terms at issue in the light of the appropriate lexical and grammatical rules is admittedly relevant (19/04/2016, T‑261/15, Daylong (fig.), EU:T:2016:220, § 21), the fact that the mark applied for may have a structure that is grammatically incorrect is not, in itself, sufficient for it to be found that the sign is not capable of describing goods and therefore descriptive (07/06/2005, T‑316/03, MunichFinancialServices, EU:T:2005:201 § 36; 02/12/2015, T‑529/14, Multi Win, EU:T:2015:919, § 32). The same findings apply to non-distinctiveness (26/10/2000, T‑360/99, Investorworld, EU:T:2000:247, § 21-23).

Moreover, any minor grammatical error that might exist in the mark would not prevent the relevant public from making sense of its meaning. Even those consumers who are aware of the basic rules of English grammar would not be so confused when encountering a tiny mistake as to no longer comprehend the meaning of the mark.

It is clear from above that the contested word mark enables the relevant public to discern immediately, and without any further reflection, a specific and direct connection with the goods and services to which an objection has been raised.

Furthermore, the distinctive character of a trade mark must be assessed, first, in relation to the goods and services for which registration of the sign is sought, and, second, in relation to the perception of the section of the public targeted, which is composed of the consumers of those goods and services (27/11/2003, T‑348/02, Quick, EU:T:2003:318, § 29).

Therefore, the consumer does not perceive the mark in a void but rather in relation to the goods and services to which it is applied. As such, the context of the goods and services provides a significant interpretative aid as to how consumers will perceive the contested mark.

There has been an increase recently in the number of scientific publications which have found preclinical and clinical evidence documenting the value of the use of CBD in some neuropsychiatric disorders, including epilepsy, anxiety and schizophrenia. Evidence points towards CBD promoting a calming effect on the central nervous system ⁽¹⁾.

CBD drinks are increasing in both popularity and availability. Made from cannabidiol, CBD beverages include everything from non-alcoholic wine, water, kombucha to cold brew coffee. The beverage is created as normal — tea and coffee are brewed, or water is filtered and treated as necessary — and then infused with CBD. Prevention Magazine reports that CBD oil may be used to treat chronic pain, anxiety, substance use disorders or central nervous system diseases ⁽²⁾. Similarly, CBD-infused food is not limited to sugary sweets such as cookies and candies. There are many ways to create CBD edibles in the kitchen ⁽³⁾. Furthermore, CBD oil is being marketed in skincare products as well. CBD is extracted as a powder and is typically mixed with an oil, such as olive, hemp or coconut (all of which enhance application and effectiveness), hence the name ‘CBD oil’. One of the benefits of CBD oil is that it has been found to have significant soothing properties. Its substantial skin-calming and skin-normalising effects can help minimise issues related to skin sensitivity, including redness and reactivity ⁽⁴⁾.

Therefore, when seeing the meaningful sign ‘CARE ORGANIC CBD’ used for the goods in Classes 3 and 5, the sign merely describes that the goods provide help or comfort (for instance to the skin) and that they contain organic cannabidiol. For the goods in Classes 29, 30, 31, 32, 33, the sign would be understood as products containing (organic) CBD that provide help or comfort (e.g. by reducing anxiety). Similarly, the services in Classes 35 and 42 would be perceived as services related to organic CBD, e.g. provision/distribution and/or retail of the goods mentioned above. This is reinforced by the specification of the list of goods and services itself, for instance operation of an online bulletin board for publishing of information about benefits of cannabis and marijuana, research in the field of cannabis and marijuana and for users to provide commentary about the content or about subjects relating thereto.

Therefore, there is a sufficiently direct link between the sign applied for and the goods and services at issue, for the sign to fall under the absolute ground of refusal of Article 7(1)(c) EUTMR. The sign ‘CARE ORGANIC CBD’ as a whole, does not possess any characteristic that would enable consumers to perceive it as a distinctive sign that indicates the commercial origin of the goods and services.

The Office agrees with the applicant that a trade mark consisting of a word composed of several elements, each of which is descriptive or non-distinctive of the characteristics of the goods for which the trade mark is protected, is itself descriptive or non-distinctive of those characteristics unless there is a perceptible difference between the word and the mere sum of its parts. This assumes that, as a result of the unusual nature of the combination of elements in relation to the goods and services concerned, the word creates an impression that is sufficiently different from that produced by the mere combination of meanings lent by the elements of which it is composed, resulting in the word being more than the sum of its parts.

However, it is evident that the mark applied for is composed of ordinary words with no addition, subtraction or alteration of the letters that is arbitrary, fanciful or imaginative and that might render the sign, as a whole, capable of distinguishing the applicant’s goods and services from those of others. The combination of the abovementioned elements, which are descriptive or non-distinctive per se, will not change the consumer’s perception. The message of the sign applied for is immediately understandable and does not require any further interpretation or analysis on the part of the relevant public as explained above. In the absence of other effects, such as figurative elements or a logo, the sign for which protection is sought does not possess the ability to distinguish the goods and services in question from those of other competitors. Therefore, it is devoid of any distinctive character for the goods and services within the meaning of Article 7(1)(b) EUTMR.

The combination of the verbal elements ‘CARE’, ‘ORGANIC’ and ‘CBD’ does not lead to the sign ‘CARE ORGANIC CBD’, when considered as a whole, conveying more than the sum of its parts.

As such, the sign is incapable of performing the essential function of a trade mark, namely that of identifying the origin of the services and therefore enabling the consumer who acquired them to repeat the experience, if it proves to be positive, or to avoid it, if it proves to be negative, on the occasion of a subsequent acquisition (03/07/2003, T‑122/01, Best Buy, EU:T:2003:183, § 20).

Therefore, the applicant has not succeeded in convincing the Office that the sign ‘CARE ORGANIC CBD’ will be perceived by consumers as indicating the commercial origin of the goods and services in question. The Office maintains that the relevant public cannot perceive the mark other than in its descriptive sense.

The Office takes note of the subsidiary claim of acquired distinctiveness. The procedure on acquired distinctiveness will be initiated once the examination of the inherent registrability of the sign is finalised.

For the abovementioned reasons, and pursuant to Article 7(1)(b) and (c) and Article 7(2) EUTMR, the application for EUTM No 18 118 600 is declared to be descriptive and non-distinctive pursuant to Article 7(1)(b) and (c), at least in the English-speaking territories of the European Union (Article 7(2) EUTMR), that is, the public in Ireland, Malta and the United Kingdom, for the following goods and services:

Class 3 Marijuana oil for cosmetic purposes; cannabis oil for cosmetic purposes; hemp oil for cosmetic purposes; massage oils containing THC; massage oils containing CBD; essential oils containing THC for personal use; essential oils containing CBD for personal use; aromatherapy oils containing THC; aromatherapy oils containing CBD; body oils, creams and lotions containing THC; body oils, creams and lotions containing CBD; bath additives; bath herbs; bath oils; beauty care cosmetics; beauty creams for body care; beauty gels; beauty lotions; body and beauty care cosmetics; body creams; body oils; cosmetic creams; cosmetic oils; cosmetics and make-up; face and body lotions; face and body milk; hair care preparations; hair styling preparations; hand cream; hand lotions; lip care preparations; lip glosses; liquid soaps; skin care preparations; skin creams; skin emollients; skin lotions; skin soap; soaps for body care; soaps for personal use; body oils containing THC; body oils containing CBD; CBD oil capsules; CBD oil drops; marijuana, cannabis and hemp related products and derivatives, namely extracts, oils, powders, salves, pastes, tablets, capsules, gels, resins, concentrates, hashes and waxes, all of the aforesaid goods intended for cosmetic purposes; Oils, salves, concentrated pastes, tinctures, tablets, powders and capsules each containing resins and oils derived from cannabis, all of the aforesaid goods intended for cosmetic purposes.

Class 5 Medical marijuana; medical cannabis; marijuana oil for medical purposes; cannabis oil for medical purposes; hemp oil for medical purposes; THC oil for medical purposes; CBD oil for medical purposes; tincture of cannabis; tincture of THC; Tincture of CBD; hemp oil tinctures; medical marijuana, cannabis and hemp products and derivatives, namely extracts, oils, powders, salves, pastes, tablets, capsules, gels, resins, concentrates, hashes, and waxes; nutraceuticals for medicinal purposes containing marijuana, cannabis and hemp; dietary and nutritional supplements consisting of hemp oil, THC oil, cannabis oil, and CBD oil; dietary, herbal, and nutritional supplements for general health and well-being; cannabis, THC, CBD and cannabinoid capsules and powders for general health and well-being; topical skin creams, oils, gels, creams and lotions, bar and liquid soaps, bath additives, bath herbs, bath oils, body creams, body oils, face and body lotions, face and body milk, face lotion, and skin care preparations each containing derivatives of cannabis, and each of the aforementioned products for the relief of pain, for relaxation, for reducing stress and fatigue, for mood enhancement, for maintaining general health and well-being, for relieving anxiety, for relieving depression, as a sleep aid; topical analgesic creams; topical analgesic lotions; cannabidiol oil for medical purposes; tetrahydrocannabinol oil for medical purposes; THC oil capsules; THC oil drops; oils, salves, concentrated pastes, tinctures, tablets, powders and capsules each containing resins and oils derived from cannabis, all of the aforesaid goods intended for medical purposes.

Class 29 Marijuana oil for food; cannabis oil for food; hemp oil for food; THC oil for food; CBD oil for food.

Class 30 Baked goods containing marijuana; baked goods containing cannabis; baked goods containing hemp; brownies, chocolate bars, candy, cakes, muffins and doughnuts containing marijuana; brownies, chocolate bars, candy, cakes, muffins and doughnuts containing cannabis; brownies, chocolate bars, candy, cakes, muffins and doughnuts containing hemp; chewable candies, gummy candies, chewing gum and candy mints containing marijuana; chewable candies, gummy candies, chewing gum and candy mints containing cannabis; chewable candies, gummy candies, chewing gum and candy mints containing hemp; coffee-based beverages containing marijuana; coffee-based beverages containing cannabis; coffee-based beverages containing hemp; tea-based beverages containing marijuana; tea-based beverages containing cannabis; tea-based beverages containing hemp; beverages made of coffee containing marijuana; beverages made of tea containing marijuana.

Class 31 Marijuana; cannabis; dried marijuana; dried cannabis; organic marijuana; organic cannabis; organic dried marijuana; organic dried cannabis; live marijuana plants; live cannabis plants; live hemp plants; cannabis seeds; edible pet treats containing marijuana, cannabis and hemp; edible pet treats containing THC; edible pet treats containing CBD; dried hemp; hemp flowers and leaves.

Class 32 Beer-based beverages containing marijuana; beer-based beverages containing cannabis; beer-based beverages containing hemp; non-alcoholic beverages containing marijuana; non-alcoholic beverages containing cannabis; non-alcoholic beverages containing hemp; beverage shots containing cannabis; powders used in the preparation of marijuana, cannabis, hemp and CBD-based beverages; powdered drink and beverage mixes containing marijuana, cannabis, hemp and CBD; vegetable-based beverages containing marijuana; non-alcoholic carbonated beverages containing marijuana; fruit-based beverages containing marijuana.

Class 33 Alcoholic beverages containing marijuana; alcoholic beverages containing cannabis; alcoholic beverages containing hemp; alcoholic fruit beverages containing marijuana; wine-based beverages containing marijuana.

Class 34 Marijuana; cannabis; dried marijuana; dried cannabis; cannabis oil for electronic cigarettes; cannabis oil for oral vaporizers for smoking; cannabidiol for electronic cigarettes; tetrahydrocannabinol oil for vaporizers for smoking; herbs for smoking; marijuana oil for electronic cigarettes; hemp oil for electronic cigarettes; CBD oil for electronic cigarettes; cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes and oral vaporizers; cartridges sold filled with cannabis oil, CBD and THC for electronic cigarettes and oral vaporizers; pre-rolled blunts, pre-rolled cannabis, and pre-rolled marijuana; marijuana oil for oral vaporizers for smoking; hemp oil for oral vaporizers for smoking; CBD oil for oral vaporizers for smoking; THC oil for oral vaporizers for smoking; hemp oil capsules and drops; topical skin creams, oils, gels, creams and lotions, bar and liquid soaps, bath additives, bath herbs, bath oils, body creams, body oils, face and body lotions, face and body milk, face lotion, and skin care preparations each containing derivatives of cannabis; oral sprays containing cannabis; transdermal patches containing cannabis; smoking articles and accessories, namely, smoking pipes, cigarette rolling papers, e-cigarettes, water pipes, vaporizers, batteries for vaporizers, marijuana and cannabis grinders, scales, marijuana and cannabis storage boxes, ashtrays, cases for electronic cigarettes, lighters for smokers, hookahs.

Class 35 Online sales of cannabis and marijuana; operation of an online bulletin board for publishing of information about benefits of cannabis and marijuana, research in the field of cannabis and marijuana and for users to provide commentary about the content or about subjects relating thereto; operation of an online bulletin board for registered users to participate in discussions, provide and obtain feedback from other registered users, form virtual communities, and engage in social networking in the field of cannabis and marijuana; online sales of smoking products and accessories, namely, smoking pipes, cigarette rolling papers, water pipes, vaporizers, grinders, and scales; consulting services in the field of use of cannabis and marijuana; online, retail and wholesale sales and distribution of cannabis, marijuana and hemp, derivatives of cannabis, marijuana and hemp, and natural health products containing marijuana, cannabis and hemp; online, retail and wholesale sales and distribution of smoking articles and accessories, namely, smoking pipes, cigarette rolling papers, e-cigarettes, water pipes, vaporizers, batteries for vaporizers, marijuana and cannabis grinders, scales, marijuana and cannabis storage boxes, ashtrays, cases for electronic cigarettes, lighters for smokers and hookahs.

Class 42 Research services in the field of marijuana, cannabis and hemp; scientific research in the field of genetics and genetic engineering; product development in the field of marijuana, cannabis and hemp.

The application may proceed for the remaining goods and services:

Class 18 Bags, namely carry-all bags, backpacks, knapsacks, and tote bags.

Class 34 Smoking articles and accessories, namely, smoking pipes, cigarette rolling papers, e-cigarettes, water pipes, vaporizers, batteries for vaporizers, marijuana and cannabis grinders, scales, marijuana and cannabis storage boxes, ashtrays, cases for electronic cigarettes, lighters for smokers, hookahs.

Class 35 Online, retail and wholesale sales and distribution of smoking articles and accessories, namely, smoking pipes, cigarette rolling papers, e-cigarettes, water pipes, vaporizers, batteries for vaporizers, marijuana and cannabis grinders, scales, marijuana and cannabis storage boxes, ashtrays, cases for electronic cigarettes, lighters for smokers and hookahs.

According to Article 66(2) EUTMR, you have a right to appeal against this decision which does not terminate the examination proceedings. 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 for appeal must be filed within four months of the same date. The notice of appeal will be deemed to have been filed only when the appeal fee of EUR 720 has been paid.

Michaela POLJOVKOVA