Marijuana trademark law
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. in Marijuana law Trademark Infringement, Milwaukee, Wisconsin; Cybersquatting Law, Trademark Law and Dilution Detroit, Michigan; Internet Defamation Together, we are working on national issues affecting the legal cannabis and Trademark and patent infringement; Employment claims, such as harassment
26 Sep 2019 U.S. federal law allows for a trademark to be registered for goods that are lawfully “sold or transported in commerce,” but that keeps cannabis
3 May 2019 The basis for the refusals stemmed from the requirement that the trademark use must be legal. However, under the Controlled Substances Act ( 27 Aug 2014 In what other industry can one establish a legal business, but not obtain federal trademark protection for its goods and services? The closest 22 Aug 2016 In any other industry a business may protect its brand through state or federal trademark law. However, because marijuana is still classified as an 15 Feb 2018 Among the most important changes to Canada's Trademarks Act is the repeal of the “use requirement”. Currently, an applicant's trademark 12 Sep 2018 Trademark protection is unavailable for marks that relate to growing, However, since marijuana is still illegal under federal law, there are
15 Feb 2018 Among the most important changes to Canada's Trademarks Act is the repeal of the “use requirement”. Currently, an applicant's trademark
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. 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).
29 Sep 2019 This presents a tricky scenario for the state's legal marijuana companies seeking to protect their intellectual property. Green Peak, like many
Together, we are working on national issues affecting the legal cannabis and Trademark and patent infringement; Employment claims, such as harassment 15 Sep 2019 Especially where federal law prohibits the goods you seek to brand (for instance, federal law bars most marijuana-related trademarks). You will
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
15 Feb 2018 Among the most important changes to Canada's Trademarks Act is the repeal of the “use requirement”. Currently, an applicant's trademark 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
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.