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7 February 2020EuropeRory O'Neill

Canadian cannabis brand blocked from UK TM registration

The UK Intellectual Property Office (IPO) has blocked Canadian brand Vivo Cannabis from registering ‘Lumina’ as a trademark, after an opposition from an Italian pharmaceutical company.

Vivo filed to register the ‘Lumina’ mark in May 2018, covering medicinal cannabis products and services in classes 5 and 35.

Cristalfarma, an Italian company specialising in phytotherapeutic products (medicinal products derived from plants), intervened to try and block the registration.

According to the Italian company, the ‘Lumina’ mark was likely to cause confusion with its own ‘Illumina’ brand registered in class 5 (covering dietetic substances for the treatment of the cognitive and cerebral system).

According to Vivo’s website, ‘Lumina’ is a range of cannabis products, such as THC and CBD oils, designed to help “cultivate a deeper connection to oneself and promote a healthy mind and body”.

The company is currently planning on rolling out new Lumina products focused on women’s health and athletic recovery.

The IPO examiner found that the marks were “highly similar”, notwithstanding the fact that the average consumer would likely pay close attention when purchasing medical goods.

They also said that the earlier ‘Illumina’ mark was inherently distinctive as it was an “invented word”.

Given the similarities between the marks, the IPO concluded that there was a likelihood of direct confusion, despite the nature of the goods.

“In my view, it is likely that some consumers would misread or mishear ‘Lumina’ as ‘Illumina’,” the examiner said.

It was also plausible that a consumer might misremember one brand for the other, they added.

The IPO awarded costs of £1,100 ($1,424) to Cristalfarma.

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