The position of the European Union Office regarding trademarks referring to drugs

When filing a trademark application with the European Union Intellectual Property Office (EUIPO), the examination service carries out a formal examination of the application to verify whether the sign filed may constitute a trademark granting a monopoly to its owner for the designated goods or services.

Thus, the Office verifies whether the sign is not descriptive and whether it is distinctive, i.e. whether it can constitute a recognizable sign indicating the origin of the goods or services.

Also, the trademark must not be contrary to public policy or morality. Taken in a European sense, this notion can have different apprehensions and in particular with regard to trademarks relating to signs or products referring to drugs, which can be legal or illegal substances and whose use is highly regulated.

The relaxation of certain legislation on the use of certain drugs for recreational or medical purposes has led to an increase in the number of trademark applications referring to them.

Which trademarks can be accepted in the European Union? For which goods or services?

A trademark « COCAINE ENERGY RUSH » filed for non-alcoholic beverages is not acceptable and has been totally refused on the grounds of offence to morality.

Indeed, a trademark making a direct reference to a drug qualified as hard and which is illegal cannot be registered because its acceptance would lead to the trivialization of the use of these substances.

On the other hand, the trademark « COCAINE ANONYMOUS », which contains the term « cocaine », but which presents a message of prevention against the use of drugs and protects therapeutic services for the prevention and treatment of addictions, will be accepted by the European Office.

The case of drugs qualified as soft, such as cannabis and its derivatives, is more delicate due to recent changes in legislation depending on the substance considered.

The Office will, again, take into consideration the goods and services claimed and the possible trivialization or promotion of an illicit substance on the market.

Trademarks containing the term CBD, which identifies canabidiol and has no psychoactive properties, or containing the term « hemp », will be validated for the most part since these substances are legal.

Trademarks  (« Emerald Green CBD ») or « CBD HERO » were thus validated during the Office’s examination for food products or food supplements and oils or cosmetics.

A mark containing or referring to the words « Cannabis » or  « Marijuana » may be accepted for cosmetic products, medical products and services, or beverages (unless the message of the mark includes support for the use of illicit substances).

This is the case for many trademarks, such as or « RETHINK CANNABIS »…

On the contrary, a trademark containing or referring to the terms « Cannabis » or « Marijuana » will be refused for smoking or inhaling products (cigarettes, electronic cigarettes), as well as entertainment services.

For example, the semi-figurative mark (« Rolling Cannabis Buddha »), covering this type of goods, was refused, as well as the mark (« 4.20 HEMP FEST »), filed for entertainment services because of its reference to the illicit recreational use of cannabis; the term 4.20 being a reference to cannabis consumption.

Office rules are always adapting to societal and legislative changes and these interpretations and decisions may change over time.

is at your disposal to assess the legality and validity of a sin you wish to protect as a trademark.

− Eléonore DAUPHANT,  IP Attorney and Partner at Mark & Law