Chile Trademark Caselaw | CBDADE Descriptive for Sports Drinks
INAPI, Chile’s patent and trademark office, recently found CBDADE descriptive when applied to goods in class 32, namely to sports drinks and issued an office action conducive to the refusal regarding a trademark application thereof.
INAPI further pointed out that the proposed mark consisting of the combination of CBD, an abbreviation for Cannabidiol and ADE, a suffix commonly used to describe carbonated or sports drinks, results in a mark which would not be perceived by consumers as distinctive, but as descriptive of the goods it intends to identify.
In a similar case, also for a cannabis mark, INAPI found EXPO CANNABIS (Logo) not inherently distinctive when applied to exhibition services in class 41. In that case, INA pointed out to the fact that the proposed mark consisted of expressions with specific meanings:
EXPO, an abbreviation for exposition, referred to public exhibitions; and
CANNABIS, which it defined as a drug obtained from mixing dry leaves and flowers of the Cannabis Indica.
EXPO CANNABIS (Logo), Application No.
1319275
The proposed mark consists of a logo where the “I” in the term cannabis consisted of the representation of a leaf.
As a result, INAPI ruled the subject mark not inherently distinctive when applied to exhibition services and also mentioned that it could be misdescriptive when applied to the rest of the services in class 41, as specified in the application, which included the organization of shows, cultural events, professional and training workshops and conferenced.
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