Can you use a cannabis leaf in your trade mark?

Background

In December 2016, Ms. Santa Conte, based in Amsterdam, had filed an application to register as an EU trade mark a stylised depiction of a cannabis leaf which included the words “CANNABIS”, “STORE” and “AMSTERDAM”.

She argued that the word ‘cannabis’ does not refer to any illegal narcotic substance, but merely to the everyday term for hemp.

Decision

The court said that a stylised depiction of a cannabis leaf is contrary to public policy for four reasons:

• A cannabis leaf logo is often used a media symbol for marijuana;
• The mark could alternatively have used elements such as ‘canapa’ or ‘hemp’ rather than cannabis;
• In many European Union countries, products derived from cannabis with a THC content exceeding 0.2% are still regarded as illegal narcotics; and
• The use of the mark either encouraged or trivialised consumption.

Memery Crystal Comment:

This was an application for an EU trade mark – across all 28 member states.

The decision does not necessarily prevent use of the cannabis leaf in unregistered logos or product packaging, where relevant. Also, where a trade mark registration is needed, applications could still be sought in individual countries where use is legal.

This is a fast-moving area and refusals of registration at this stage may well be more open in the future as national rules relax.

(The entire press release and the picture can be found here).