Close Menu
    Latest Category
    • Finance
    • Tech
    • EU Law
    • Energy
    • About
    • Contact
    EUbusiness.com | EU news, business and politicsEUbusiness.com | EU news, business and politics
    Login
    • EU News
    • Focus
    • Guides
    • Press
    • Jobs
    • Events
    • Directory
    EUbusiness.com | EU news, business and politicsEUbusiness.com | EU news, business and politics
    Home » Cannabis trademark ruled out of order

    Cannabis trademark ruled out of order

    npsnps26 November 2009Updated:9 July 2024 focus
    — Filed under: EU Law EU legislation Intellectual Property Trade Mark
    Share
    Facebook Twitter LinkedIn Pinterest Email

    The registration of the trade mark ‘CANNABIS’ is not valid in respect of the branding of beverages, according to a European Court of Justice ruling.

    The Court’s ruling  upheld an original decision made by The Office of Harmonization for the Internal Market (OHIM), in 2003, by declaring the registration of the trade mark ‘CANNABIS’ to be invalid in respect to the branding of beverages, on grounds that it is descriptive and misleading to the consumer.

    The registration of the trade mark ‘CANNABIS’ is not valid in respect of the branding of beverages, according to a European Court of Justice ruling. The ruling upheld the original decision made by The Office of Harmonization for the Internal Market (OHIM), in 2003, by declaring the registration of the trade mark ‘CANNABIS’ to be invalid in respect to the branding of beverages, on grounds that it is descriptive and misleading to the consumer.

    The European Court defended OHIM’s decision by maintaining that there is a material link between the sign ‘CANNABIS’ and certain characteristics of the goods in question, due cannabis being used in the production of numerous foodstuffs, including beer and certain beverages.The European Court made reference to the Regulation on the Community Trade Mark, which states that; the registration of descriptive signs and indications which may, in trade, designate the kind, quality, intended purpose, and value is prohibited. 

    The word ‘cannabis’ constitutes the scientific name of a flowering plant from which certain drugs are extracted and from which certain therapeutic substances may be obtained. The European Court  established that the average consumer may think, merely on seeing a beverage bearing the trade mark CANNABIS, that that mark describes the characteristics of the goods in question.

    Giampietro Torresan, the company director who orignally obtained a registered trade mark for the name in 2003, disputes that decision and maintains that the trade mark CANNABIS has distinctive character, given that it is both a common name and a purely fanciful mark and has no connection, even indirect, with beer and beverages in general. However, the European Court indicated  that character is a determining factor for the consumer when he makes his purchase because he will be attracted by the possibility of obtaining similar sensations to those he obtains from the consumption of cannabis.

    To a similar effect, the European Court argued on linguistic grounds  that the word ‘cannabis’ derives from Greek, Persian, and Latin scientific terms, and present in a number of European Community languages, rendering it comprehensible to the target consumer throughout the Community. Consequently, the average consumer will perceive the trade mark CANNABIS as a description of one of the characteristics of those goods. 

    On these grounds, the European Court dismissed Mr Torresan’s action and upheld OHIM’s decision to declare the registration of the trade mark CANNABIS to be invalid in respect of beverages potentially containing hemp.

    European Court of Justice – Justice and Application – Full Text

    Add A Comment
    Leave A Reply Cancel Reply

    You must be logged in to post a comment.

    nps
    • Website

    Related Content

    PayAdmit image

    PayAdmit Services Show the Real Build Versus Buy Economics of Payment Gateways in 2026

    Debt collection image

    When a Swiss Customer Pays Late: What EU Suppliers Should Do Next

    ElectroAir

    Why compact GSE design matters in crowded airport operations

    Every Trading Experience Has Its Own Story

    Inside ICX Global: How the Platform Scores in 2026

    Business meeting with laptops - Image by Annie Spratt on Unsplash

    When A Growing Group Needs Its First Group Financial Controller

    AI woman - Image by ThisIsEngineering on Pexels

    Seedance 2.5 AI Video Creation Tool Expands Creative Workflows for Modern Content Production

    LATEST EU NEWS
    Euro - ECB-Photo by Mika Baumeister on Unsplash

    August currency outlook – Euro currency news

    12 August 2026
    Smoking man - Photo by Geri Tech on Pexels

    1 in 6 Europeans use tobacco or related products daily

    7 August 2026
    Business growth green invest scaleup - Image by Nattanan Kanchanaprat from Pixabay

    €5 billion target for EU’s new Scaleup Europe Fund

    6 August 2026
    Ukraine Kyiv destruction - Photo Sergei Chuzavkov © European Union 2026

    EU receives €1.4 bn revenue from immobilised Russian assets to support Ukraine

    5 August 2026
    AI artificial intelligence chatbot - Image by Tim Witzdam from Pexels

    EU starts to enforce AI Act rules and transparency requirements

    2 August 2026

    Subscribe to EUbusiness Week

    Get the latest EU news

    CONTACT INFO

    • EUbusiness, 117 High Street, Chesham Buckinghamshire, HP5 1DE, United Kingdom
    • +44(0)20 8058 8232
    • service@eubusiness.com

    INFORMATION

    • About Us
    • Advertising
    • Contact Info

    Services

    • Cookie Policy
    • Terms
    • Disclaimer

    SOCIAL MEDIA

    Facebook
    eubusiness.com © EUbusiness Ltd 2026

    Type above and press Enter to search. Press Esc to cancel.

    Manage Consent
    To provide the best experiences, we use technologies like cookies to store and/or access device information. Consenting to these technologies will allow us to process data such as browsing behavior or unique IDs on this site. Not consenting or withdrawing consent, may adversely affect certain features and functions.
    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}
    Manage Consent
    To provide the best experiences, we use technologies like cookies to store and/or access device information. Consenting to these technologies will allow us to process data such as browsing behavior or unique IDs on this site. Not consenting or withdrawing consent, may adversely affect certain features and functions.
    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}

    Sign In or Register

    Welcome Back!

    Login to your account below.

    Lost password?