The Tobacco Product Directive and its impact on Trademark law

Print this page 12-10-2017

BMM Bulletin 2017-2, p. 52-59, Elena Bertolotto: "Stricter labelling and packaging requirements, mandatory pictorial health warnings on each side of tobacco packets, prohibition of any promotional elements and features, a EU-wide traceability system for tobacco products. These are the main elements introduced by Directive 2014/40/EU on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products (‘Directive 2014/40/EU’), which entered into force on 20 May 2016. Against this backdrop, what role can trademarks still play?


This article will consider: (I) the current regulatory framework concerning the marketing of tobacco products; (II) the recent Court of Justice ruling in Case C-547/14;1 (III) and then some comments on the impact of Directive 2014/40/EU on trademark law will finally be discussed."