19 Feb 2020 The problem in the marijuana industry is that federal trademark protection is not available for goods or services that cannot be lawfully used as 2 May 2019 registration under the U.S. Trademark Act. See generally Trademark of marijuana because such goods are unlawful under federal law and Brand & Branch LLP provides legal services to creative entrepreneurs and group, handling both intellectual property litigation and trademark transactions work. first national lawyers group focused on the practice of cannabis business law. 23 Jul 2019 Oklahoma medical marijuana firm of using the trademark-protected logo Oklahoma marijuana dispensary, alleges trademark infringement. 20 Jan 2020 Maybe it's where cannabis was five to 10 years ago.” Despite those legal limitations, reform advocates view the trademark as emblematic of a 11 Jun 2019 If an applicant can't demonstrate that the product originates from federally legal sources, their cannabis or CBD trademark application is still A federal district court has eliminated a cannabis company's affirmative defense to federal trademark infringement claims based on the company's prior use of a
16 Nov 2016 In a more recent precedential decision, the TTAB has now held that, despite the fact that marijuana is legal in 28 states and the District of
Recent decisions issued by the USPTO continue to deny the federal registration of trademarks relating to marijuana and related goods and services despite the legality of such products and services under state law. Trademarks that reference marijuana but that are used in commerce on lawful products, such as clothing, may be registered with the USPTO. For example, the trademark “MARIJUANAMAN” was registered by the USPTO as the mark will be used in connection with books about cannabis. We’ve written (and talked) extensively about the dos and don’ts of filing cannabis-related state and federal trademarks, and we all know by now that you cannot obtain a federal trademark registration for goods or services that are not lawful pursuant to federal law. But I’ve heard a lot of creative arguments in this space, and have had many clients indicate an interest in challenging the status quo at the United States Patent and Trademark Office (USPTO). Registering a trademark with the USPTO is the best way to protect one’s mark, but because cannabis is still illegal under federal law, and because one requirement for registration of a federal trademark is that the applicant has made “legal use” of the mark in commerce, the USPTO has continually refused to register marks for use on cannabis and any other goods and services that violate the Controlled Substances Act (CSA). Registering a trademark with the USPTO is the best way to protect one’s mark, but, as we’ve discussed before, because cannabis is still illegal under federal law, and because one requirement for registration of a federal trademark is that the applicant has made “ legal use ” of the mark in commerce, the USPTO has continually refused to register marks for use on cannabis and any other goods and services that violate the Controlled Substances Act (CSA). Though cannabis is legal for recreational or medicinal use in 28 states, it remains illegal under federal law. As a result, the U.S. Patent and Trademark Office will not register trademarks for marijuana retailers or for products that contain cannabis.
7 May 2019 The USPTO issued guidance on cannabis associated trademarks on May 3/10 of a percent THC content from the Controlled Substances Act.
Unlike other industries though, the marijuana industry still exists in a legal gray area due to conflicting state and federal laws. As such, protecting marijuana related Business is booming for cannabis ventures, but the legal landscape for related intellectual property protection and product advertising is rife with complications Federal Trademark Registration for Marijuana Marks. Let's start with what you can't do. Then we'll work our way into how to best protect your cannabis brand and 16 Jun 2018 The Examining Attorney refused registration of both marks pursuant to Sections 1 and 45 of the Trademark Act, 15 U.S.C. §§ 1051 and 1127, on 7 May 2019 3% THC. Trademark applications for CBD products will still be refused for anything governed by the Federal Food Drug and Cosmetic Act (“FDCA
Together, we are working on national issues affecting the legal cannabis and Trademark and patent infringement; Employment claims, such as harassment
Legal/Regulatory Oklahoma medical marijuana shop hit by trademark suit lawsuit against a Tulsa medical cannabis dispensary for trademark infringement. 4 Mar 2020 That led to people having a bad experience with intellectual property. They filed for a trademark, got told 'no' and then gave up across the board. 21 Feb 2019 Under Canadian law, it is possible to register a trademark for cannabis-related products and services. There are nearly 2,000 trademarks listed While the USPTO does not allow the registration of marijuana-related trademarks , the federal Trademark Act does not preempt state common law. By royal command of His Majesty King Bhumibol Adulyadej it is hereby proclaimed that: The following amendments shall be made to the law on trademarks: IT IS
28 Feb 2019 Registration of cannabis-related trademarks is allowed in all states where cannabis is legal recreationally, and in most states where medical
While the USPTO does not allow the registration of marijuana-related trademarks , the federal Trademark Act does not preempt state common law. By royal command of His Majesty King Bhumibol Adulyadej it is hereby proclaimed that: The following amendments shall be made to the law on trademarks: IT IS Cannabis trademarks represent the new frontier in the legal brand clearance process. Challenges and Opportunities For Brands. In the midst of this 'Green Rush' the use and possession of marijuana is legal under state law.' However, the. U.S. Patent and Trademark Office ("USPTO") examining attorney refused.
12 Sep 2018 Trademark protection is unavailable for marks that relate to growing, However, since marijuana is still illegal under federal law, there are 16 Nov 2016 In a more recent precedential decision, the TTAB has now held that, despite the fact that marijuana is legal in 28 states and the District of Marijuana Trademarks. A trademark is commonly thought of as a brand or a logo. Think of Nike as a brand and the swoosh as its logo. A trademark can be a word (Nike), a phrase (“Just do it”), a symbol (the swoosh), a design (the swoosh) or a combination of words and designs. Cannabis Trademark Law Cannabis Trademarks and Trademarks, in general, are mostly governed by federal law, specifically, the Lanham Act. Under the Lanham Act, trademarks used in connection to any legal commerce have certain exclusive rights, and the ability to protect those rights. Trademark law prohibits the registration of products that cannot be lawfully sold across state lines in the United States. In the case of marijuana (and products derived from it), the U.S. government prohibits the sale across state lines under the Controlled Substances Act. Marijuana Trademarks (Registering a Cannabis-Related Mark with the USPTO) Medical marijuana is currently allowed in at least half of the states and the District of Columbia. Of those, four states and the District of Columbia allow marijuana for recreational use, and it is projected that marijuana initiatives will appear on the ballots of at least twenty states in the November 2016 elections.