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Trademarks and tobacco

Wednesday 4th June 2014

The CNCT criticized the INPI (French Trademark Office) for having registered a trademark contrary to the public health policy and to the "Evin Law" dated January 10, 1991, relating to the fight against smoking.

According to the French Supreme Court, the essential function of a trademark is to indicate the origin of goods or services. Advertising is an accessory function that the trademark owner is free to use.

The Court decided that, tobacco being a legal product that can be marketed, the INPI did not have to consider the use which may be made of the trademark.