City Research Online

Abstract

This chapter introduces the legal questions surrounding trade marks for cannabis-related brands within the law of the European Union (EU). It reviews the Union's current system of obtaining and enforcing trade marks in the context of cannabis-related products and services. Thus, it will consider the particular issues that may occur when seeking registration of such trade marks, such as the criterion of distinctiveness. A particular focus will be on explaining the exclusion from trade mark protection within the EU of such marks which are “contrary to public policy or accepted principles of morality”. This, of course, is a very contentious issue within many EU Member States that still ban recreational or even medical uses of cannabis products. The relevant case law on this matter will be discussed.

Publication Type:	Book Section
Additional Information:	This is a draft chapter. The final version is available in Intellectual Property and Cannabis edited by Natalie Corthésy , Enrico Bonadio , and Yentyl Williams, published in 2025, Edward Elgar Publishing Ltd https://doi.org/10.4337/9781035329397 It is deposited under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives License (http://creativecommons.org/licenses/by-nc-nd/4.0/), which permits non-commercial re-use, distribution, and reproduction in any medium, provided the original work is properly cited, and is not altered, transformed, or built upon in any way.
Publisher Keywords:	Trade marks; European Union; EUIPO; Cannabis; Morality; Public order
Subjects:	H Social Sciences > HN Social history and conditions. Social problems. Social reform J Political Science > JN Political institutions (Europe) K Law > K Law (General)
Departments:	The City Law School The City Law School > Academic Programmes
SWORD Depositor:	Symplectic Administrator

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