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, ganjapreneurs 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.
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 marketer’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.
In recent years the market for sale and the value of grands crus wines has increased significantly. For example, the names of Bordeaux wine domains (eg, Château Petrus, Château Latour, Château Lafite-Rothschild, Château Mouton Rothschild and Château Margaux) are among the most prized wines in the world.
Even in the Intellectual Property (IP) field, third parties do not shy away from using documents and logos similar to those of Official IP authorities. In such documents, payment of fees is requested for maintenance or enforcement of IP rights. Do not be fooled when your IP details are mentioned in those documents, as such information is in fact publicly available. If you take a closer look, you will note that the fees are well above the usual rates in the industry, a foreign bank account number is mentioned, as well as General Terms and Conditions that are entirely contrary to the interests of IP holders. Insofar as GEVERS is your representative, all fees and costs will be directly invoiced by GEVERS, meaning that you may typically disregard any other invoices or payment reminders received by third parties.
The protection of geographical indications is of great relevance in Europe, especially in France. In the past few decades, the internationalisation of the agrifood and wine markets has increased the importance of IP rights and the preservation of traditional knowledge. In France, the National Institute of Origin and Quality (INAO) is the public administrative institution responsible for the implementation of French policy regarding official signs of identification of the origin and quality of agricultural and food products. Nearly half of the 1,100 products protected by an official sign in France are wines.
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