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ARTICLE · 12 DECEMBER 2018

Do Not File Your Cannabis Trade Marks…Yet:

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The Constitutional Court judgment which decriminalises the private use of cannabis has also resulted in an emotional high for a lot of South Africans.

South AfricaIntellectual Property
Jadon Wolmarans
Jadon Wolmarans
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The Constitutional Court judgment which decriminalises the private use of cannabis has also resulted in an emotional high for a lot of South Africans.

As predicted, this has placed a lot of existing and potential companies on the frontline wanting to create a brand for their business in order to grow and distribute cannabis in South Africa. Unfortunately, the high of these businesses need to 'hog' their plans for their trade mark applications for their brands – but possibly not for long.

The reason why these companies should hold off on their trade mark application for now is because of the fact that only 'private' use of cannabis has been decriminalised in the Constitutional Court judgment. Thus, the sale and distribution of cannabis is still very much illegal and a criminal offence in South Africa.

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