CBD trademarks: uncertain trend in France?

In France, the rise in fashionability of cannabidiol( CBD) is fairly recent, unlike in some other European countries. In the once two times, numerous shops offering CBD and CBD- grounded products for trade have opened their doors in France, despite the regulation thereof still being uncertain. 

 

 How is CBD regulated in France? 

In December 2021, a decree was issued in France that effectively banned the marketing of raw CBD flowers and leaves. Only hemp seeds and fibres as well as products deduced from flowers and leaves are allowed. Dealers in the CBD sector that were formerly selling similar products urgently challenged the ban, performing in a provisional suspense by the Council of State. The judge hearing the operation considered that were serious dubieties about the legitimacy of the measure because of its disproportionate nature. Dealers in the sector are staying for the Council of State to rule definitively on the legitimacy of the queried order. 

 

 CBD trademarks in France 

 Indeed though some misgivings remain regarding the marketing of CBD leaves and flowers, numerous brands are flourishing in the register of French brands. Brands should consider the applicable vittles of the Intellectual Property Code to insure that their trademarks are permissible. 

 

 ArticleL. 711- 2( 7) of the Intellectual Property Code provides that" a trademark negative to public policy or the use of which is fairly banned" may not be validly registered, and if registered, may be declared null and void. Trademarks inciting the consumption of lawless substances may therefore be refused enrollment or, alternately, declared null and void. It's thus judicious to avoid pertaining to narcotic substances banned in France. 

 According to French case law, trademarks pertaining to cannabis through textbook will be rejected. This includes, for illustration 

 

 CANNABIA; 

 CANNABICURA; and 

 MARRY JANE. 

 In addition, the representation of the hemp splint may be the subject of an expostulation by the National Institute of Intellectual Property. Indeed, according to the judges, this kind of sign is likely to give rise to the belief in the mind of the relatively wise consumer that the consumption of hemp as a psychotropic substance is no longer banned in France.