“A bridge too far?”: trade mark protection for cannabis-related products and services in the European Union

Marc Mimler

Chapter 2 in Intellectual Property and Cannabis, 2025, pp 40-60 from Edward Elgar Publishing

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.

Keywords: Trade marks; European Union; EUIPO; Cannabis; Morality; Public order (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035329380
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