Cocoaine – a name with a bitter aftertaste

‘Cocoaine’: a combination of cacao and the drug cocaine.

Surely the applicant wanted to hint to the addictive and appealing properties of his product, but if in the eyes of the law it’s also a suitable name? The EUIPO made a decision.

The EUIPO argued that the relevant public, particularly English speakers within the EU, would easily recognize the word “cocaine” in the name, despite the altered spelling with the additional “o.” After all, it is common practice in the advertising industry to use irregular spelling and grammar as a stylistic device to attract consumer attention.

Under European law, references to illegal drugs are considered contrary to public order and morality. The name “Cocoaine” risks normalizing or even glamorizing recreational drug use, a practice that the EU is vigorously trying to combat. This is particularly important given the record amounts of cocaine seized in the European Union and the EU's dedicated efforts to combat increasing cocaine use and its negative effects on society. In short, trademarks that are contrary to public order and morality may not be registered.

Thus, creativity with brand names is encouraged, but trivializing illegal activities crosses a legal and ethical boundary that is not allowed. Good to be aware of!

Author: Erwin Haüer

Bio: Erwin is a trademark attorney and, as the managing partner, in charge of IT and Information Management. He works extensively with startups and scale-ups, while his clientele also includes numerous multinational corporations. Erwin possesses a sharp wit and a keen eye for remarkable trademark news and curious brand infringements.