EUIPO decided to reject the application, citing the fact that the trademark in question should be considered contrary to public order. In its reasoning, EUIPO also referred to other trademarks that are contrary to public order (e.g., La Mafia SE SIENTA A LA MESA), as well as to the opinion of the Advocate General issued on July 2, 2019, in the case of Constantin Film Produktion GmbH (Case C-240/18P).
Disagreeing with this decision, the applicant filed an appeal with the Court of Justice of the European Union against the EUIPO’s decision.
In its ruling on the complaint, the Court of the European Union highlighted several points. First, the disputed trademark contains the word “Amsterdam” and also depicts cannabis leaves, which clearly associates it with the Dutch city known for, among other things, the legal availability of marijuana. Another point is the use of the word “store” in the trademark, which primarily means “shop.” Therefore, the use of this word in conjunction with the aforementioned depiction undoubtedly suggests to customers that the shop will offer services and products similar to those available in Amsterdam, i.e., intoxicating substances. The Court also noted that cannabis itself is not considered an intoxicating substance when it has a low concentration of THC (tetrahydrocannabinol); however, the average consumer does not have such technical or scientific knowledge, and as a result, the disputed trademark will primarily be associated with this type of substance. Finally, the Court referred to the concept of public order in the context of recent steps taken in European countries to legalize so-called medicinal marijuana. Regardless of these circumstances, the justification emphasized that marijuana is primarily associated with the illegal trade and consumption of drugs, and consequently with the broader fight against such phenomena. Therefore, legal provisions aimed at prohibiting the consumption and trade of marijuana fall within the scope of public order.
Consequently, the Court of Justice of the European Union, in its judgment of 12 December 2019 (case Santa Conte vs. EUIPO, case number T-683/18), refused the registration of the disputed trademark.
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