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Hemp logo fails in Luxembourg

2021-05-17T06:56:32.051Z


The Bavarian importer and manufacturer of medical marijuana, the Herrsching-based company Bavaria Weed, is not allowed to register its logo as a European trademark. This has been decided by the European Court of Justice.


The Bavarian importer and manufacturer of medical marijuana, the Herrsching-based company Bavaria Weed, is not allowed to register its logo as a European trademark.

This has been decided by the European Court of Justice.

Herrsching / Luxembourg

- The word-image mark, which consists of the name of the company and an upright lion with a hemp leaf in its paw, violates public order, found the European Court of Justice in Luxembourg. It confirmed an earlier decision by the European Union Intellectual Property Office against which the company had sued.

The office and the judge were particularly bothered by the word weed, which translated means marijuana - or, more commonly, grass. Since the sign “reminds of the recreational consumption of marijuana” it would be perceived “as a promotion and advertisement or at least trivialization of the consumption of marijuana as a forbidden and illegal substance”, it says in the decision. In many EU member states, marijuana is a banned substance. The "fight against the spread of marijuana" is however "of particular importance because it corresponds to a public health goal".

For the company, which has its business premises in the industrial park in Herrsching, this judgment has no more far-reaching consequences, assures Thomas Hoffmann, one of the managing directors of Bavaria Weed, even if the German cannabis pioneers would have liked this entry. Nevertheless, they had gone to the European Court of Justice to explain the registration. "It would be easier to do it all over the world," explains Hoffmann.

The managing director is amazed by the final decision of the court, because the registration in the desired class at the patent office in Munich was made without any problems. To equate the distribution of the medical product with prohibited substances at least does not make sense to him. But registration with the European Patent Trademark Office is not absolutely necessary for the operative business either. Everything continues as before.

Bavaria Weed was founded in 2018. The company, which is based in Herrsching and has a production facility in Leipheim, supplies pharmacies with medical marijuana (we reported). The manufacturing permit was only granted in August last year. In Germany, too, cannabis has only been available on prescription under certain conditions since 2017. Hoffmann and Stefan Langer, both from Herrsching, dared to take the plunge together with Sebastian Pötzsch from the Munich “patent pool group”, which handles the financing and supports the founding of the company. The aim remains to bring Bavaria Weed into the European market as a leader.

Source: merkur

All news articles on 2021-05-17

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