EUIPO conference: Avoid TM cannabis slang ‘like the plague’

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

EUIPO conference: Avoid TM cannabis slang ‘like the plague’

Gordon-Humphreys-RHS-EUIPO-IPCLC2022Alicante
The EUIPO's Gordon Humphreys (R) in discussion with fellow panellist Francesco Mattina (L)

The chair of the EUIPO’s First and Third Boards of Appeal gave an entertaining rundown of how examiners weed out cannabis trademarks

Cannabis trademark filers should choose their words carefully and “avoid like the plague” any slang words associated with the plant, said the chairperson of the EUIPO’s First and Third Boards of Appeal at a conference in Alicante today, July 7.

Gordon Humphreys, speaking on a panel moderated by Managing IP’s senior reporter Max Walters at the IP Case Law Conference, gave an overview of cannabis trademark filings and how the EUIPO boards approach them.

As he delved into the background, he mistakenly said the European Commission had been cultivating hemp – rather than discussing the issues around it – prompting plenty of laughter among the audience and a slightly sheepish self-correction from Humphreys himself.

He soon noted that EU cannabis filings have boomed in the past few years, though three quarters of them never make it onto the register.

That’s partly because there is no specific EU-wide legislation dealing with cannabis marks, he explained, but also because of the challenges such marks face when it comes to public policy, lack of distinctiveness, and descriptiveness.

Public policy is the biggest sticking point, particularly as EU member states’ norms vary greatly, Humphreys added.

The boards therefore often focus on the perception of consumers “with reasonable sensitivities and thresholds”, and those who encounter cannabis signs in their day-to-day lives.

“So it’s not acceptable to have a sign that trivialises the war on drugs,” he gave as one example.

However, cannabis filers often don’t help themselves in their choice of names, Humphreys added, noting that “imagination is often sorely lacking”.

Reflecting on two rejections, he said the boards vetoed a figurative application for simply ‘Cannabis’ (beers and alcoholic beverages), and another for ‘Cannubis’ (e-publication on medicinal cannabis), both for being descriptive.

Humphreys ended by saying cannabis applicants should avoid drug-related imagery or symbols, as well as colloquial terms like ‘pot’, and should minimise or omit references to ‘cannabis’ or ‘hemp’.

He reminded the audience that trademark registration doesn’t guarantee usability, owing to a separate regulatory system for cannabis products.

The two-day conference ends tomorrow, July 8. You can read more coverage here.

more from across site and SHARED ros bottom lb

More from across our site

Amita Haylock discusses building an integrated Asia practice as clients increasingly demand that firms combine IP, technology and data expertise
François Pochart, Grégoire Desrousseaux and Lionel Martin, long-standing figures in the firm’s patent litigation team, are set to help launch a Paris-based litigation offering
The Unitary Patent has passed 100,000 registrations, but new data raises the question of whether 30% uptake is a ceiling or a staging post for further growth, say Michael Nielsen and Darren Smyth of EIP and Andrew Samm at Patently
The new generation of in-house IP leaders want commercial judgment, accessibility and flexibility, with AI raising expectations around both fees and delivery
The firm launched a San Diego office earlier this month, but California investment and expansion is far from complete
The industry’s response to AI requires an unfamiliar ingredient as firms battle to shape their futures
The firm is looking beyond replacing recently departed talent, betting instead on senior leaders to strengthen and expand its patent litigation platform
Olga Partington, director in Sterne Kessler’s biotechnology and chemical practice group, shares why a patent's vulnerability peaks when it is young, rather than when it is most valuable, under the PTAB's new framework
IP experts gathered in San Francisco last week to discuss the changing global SEP landscape and new licensing models for AI infrastructure
SKW Schwarz partner Daniel Kendziur explains how new green claims rules are changing his workload and bringing him into direct contact with marketing, PR and government affairs teams
Gift this article