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Canabis

Cannabis, avoiding confusion with other Cannabis Trademarks – Part 3

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 โ€“ 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.

World IP Day 2022

๐“๐ก๐ข๐ฌ ๐ฒ๐ž๐š๐ซ ๐ฐ๐ž ๐š๐ซ๐ž ๐œ๐ž๐ฅ๐ž๐›๐ซ๐š๐ญ๐ข๐ง๐  ๐ˆ๐ ๐š๐ง๐ ๐˜๐จ๐ฎ๐ญ๐ก: ๐ˆ๐ง๐ง๐จ๐ฏ๐š๐ญ๐ข๐ง๐  ๐Ÿ๐จ๐ซ ๐š ๐๐ž๐ญ๐ญ๐ž๐ซ ๐…๐ฎ๐ญ๐ฎ๐ซ๐ž. ๐“๐ก๐ž๐ซ๐ž๐Ÿ๐จ๐ซ๐ž ๐ฐ๐ž ๐ก๐š๐ฏ๐ž ๐๐ž๐œ๐ข๐๐ž๐ ๐ญ๐จ ๐ก๐ข๐ ๐ก๐ฅ๐ข๐ ๐ก๐ญ ๐ฌ๐จ๐ฆ๐ž ๐ซ๐ž๐ฆ๐š๐ซ๐ค๐š๐›๐ฅ๐ž ๐ข๐ง๐ง๐จ๐ฏ๐š๐ญ๐ข๐จ๐ง๐ฌ ๐Ÿ๐ซ๐จ๐ฆ ๐ฒ๐จ๐ฎ๐ง๐  ๐ž๐ง๐ญ๐ซ๐ž๐ฉ๐ซ๐ž๐ง๐ž๐ฎ๐ซ๐ฌ ๐ฐ๐ก๐จ ๐ก๐š๐ฏ๐ž ๐œ๐ก๐จ๐ฌ๐ž๐ง ๐†๐„๐•๐„๐‘๐’ ๐ญ๐จ ๐ฉ๐ซ๐จ๐ญ๐ž๐œ๐ญ ๐ญ๐ก๐ž๐ข๐ซ ๐š๐ฌ๐ฌ๐ž๐ญ๐ฌ.ย 

Influencers and brand owners: handling wrongful use and the art of letting go

Our consuming society is globally shifting to social media and online marketplaces. This trend has created incredible opportunities for some, and significant losses for others. The traditional mediums for advertising, such as print, radio and television, are losing significant traction to digital spaces. Brand owners are trying to catch the wave by finding new ways to connect with the younger demographic audience. As such, the demands to enhance desirability of brands and deliver products to targeted demographics is growing rapidly and, in turn, brands are hiring the services of social media influencers.

Cannabis: Trademark Protection in the EU. Don’t ‘shock’ the public!

The legalization of cannabis products has been stirring the public debate for decades. With several US states adopting a more liberal approach to the green goods, especially for medical / therapeutic use,ย ganjapreneursย are ready to take their share of the (legal) market for cannabis and its derivatives, from oils to edibles. The same is happening on the other side of the ocean in several European Union member states.

safeguarding

Safeguarding your trademarks about becoming a generic term is imperative

As a trademark owner, you have to preserve your trademark from becoming a generic term for the goods or services which it covers.

Although a trademark becoming a generic term for the product or service it covers may seem to be the ultimate marketerโ€™s dream, as nothing works as good as a trademark literally describing a product or service, it must be avoided if you want to maintain the exclusive rights to use in the market.

TRADEMARKS: More than a wine label when prestige is at stake

In recent years the market for sale and the value ofย grands crusย wines has increased significantly. For example, the names of Bordeaux wine domains (eg, Chรขteau Petrus, Chรขteau Latour, Chรขteau Lafite-Rothschild, Chรขteau Mouton Rothschild and Chรขteau Margaux) are among the most prized wines in the world.