Rospatent Denies Registration of MJ Trademark

In late 2019, both European and Russian companies unsuccessfully attempted to register trademarks featuring “MJ.” Government authorities in the EU and Russia determined that the use of the word “cannabis” and images of the plant undermine drug policy principles.

Logo with MJ Leaves Banned

The General Court of the European Union upheld the decision of the EU Intellectual Property Office to refuse registration of a Dutch store’s logo reading “CANNABIS STORE AMSTERDAM,” which depicted cannabis leaves. The applicant argued that the image did not show narcotic substances, since recreational use involves the buds, not the leaves of the plant.

However, the judge rejected this argument, noting that the word “cannabis” and the graphic depiction of the plant clearly indicate that the store sells marijuana. According to the judge, due to media coverage, consumers are convinced that marijuana leaves represent a narcotic substance. The court concluded that the phrase “CANNABIS STORE AMSTERDAM” means “a store where you can buy drugs.” As a result, the trademark violates Article 83 of the Treaty on the Functioning of the EU, which states that the distribution of narcotic drugs is a serious crime.

Cannabis Associated with MJ in Russia

A Russian company applied to register a trademark featuring the word “cannabis” and a stylized image of a marijuana stem with seven leaves. The Federal Service for Intellectual Property (Rospatent) denied the application, citing paragraph 3 of Article 1483 of the Russian Civil Code, which states that a company’s brand cannot be registered if it is likely to mislead consumers or contradict public interests, principles of humanity, or morality.

According to Rospatent experts, marijuana leaves and the word “cannabis” are associated with marijuana, which is on the list of prohibited substances. Therefore, the organization’s trademark conflicts with the state’s anti-drug policy. Furthermore, Russian law only allows images of technical varieties of marijuana on products made from the plant, to inform consumers about the product’s composition. In all other cases, images of cannabis either violate administrative law (if the strain is narcotic or medical) or mislead consumers (if cannabis raw materials were not used in the product).

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