CBD trademarks: uncertain trend in France?

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