Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 08/10/2020

REICHEL & KOL., PATENTOVA KANCELAR

Záhřebská 30

CZ-120 00 Praha 2

REPÚBLICA CHECA

Application No:	018235722
Your reference:	2559/1-DANCZEK
Trade mark:	Dope
Mark type:	Word mark
Applicant:	Consumer Brands International s.r.o. Tolského 474/1, Řetenice CZ-41503 Teplice REPÚBLICA CHECA

The Office raised an objection on 16/06/2020 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 letter, which forms an integral part of this decision.

In summary, the Office found that the average English-speaking consumers of the European Union would perceive the sign ‘DOPE’ as referring to an illegal drug being ‘cannabis’ or ‘cocaine’ whose use for recreational purposes is prohibited by law in many Member States of the EU. The sign at hand, when used in relation to smokers related goods as applied for in Class 34, would be instantly perceived by the relevant public as promoting the recreational use of psychoactive substances which is discouraged and even prohibited by the legal systems in the majority of the Member States and on the fact that there is a strong policy of the EU to reduce the demand for and supply of drugs and against illicit drugs.

For the reasons above, the Office found that the sign in question is against public policy and accepted principles of morality within the meaning of Article 7(1)(f) EUTMR.

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 018 235 722 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.

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