There is good news for those working with medicinal cannabis. From 1 January 2020, medicinal cannabis will officially be added as registered goods under the Nice classification system.

On 1 January 2018, Denmark introduced a trial scheme concerning medicinal cannabis. According to the scheme, companies may apply for a licence to grow and handle cannabis for medicinal use. The scheme has caught the interest of many national and international investors, and several businesses have been established in Denmark.

As manufacturing and marketing of cannabis products are generally prohibited almost all over the world, the need for trademark registration has been limited or non-existing. But this is now changing in line with more and more countries making cannabis products legal, including especially medicinal cannabis.

NICE CLASSIFICATION SYSTEM AND CANNABIS

The Nice classification system divides goods and services into 45 classes, and the trademark authorities supervise whether goods and services are classified correctly. As medicinal cannabis is not classified as goods, there is a risk that the authorities will not approve an application.

This will change on 1 January 2020 when medicinal cannabis will be added as registered goods under the Nice classification system. From 1 January 2020, medicinal cannabis may be registered in the class covering medicinal products and health products.

The registration requires, of course, that the requirements for registration are fulfilled. For instance, a trademark must have a distinctive character to be registered. If you need our assistance to register your trademark, or if you have any questions, please do not hesitate to contact us.

contacts

Anders Valentin

Partner

Christian Kragelund

Partner

Jens Jakob Bugge

Partner