The first hurdle in obtaining the registration of your trademark is the examination on absolute grounds. Many trademarks containing references to the green gold are refused for descriptiveness or lack of distinctive character. Some are even considered contrary to public
policy or accepted principles of morality. You can read more about this in our two prior articles, available here.
The road to a registered trademark does not stop there. After the examination, your EU or Benelux trademark will be published for opposition purposes before being registered – that is, if no one successfully opposed your application for example on the basis of earlier rights. In our second article, we examined the similarity of certain cannabis-related goods and services and the relevant public to be taken into account. In this third article, we examine two more relevant factors to assess the likelihood of confusion.