In a post last week, entitled, How To Protect Your Cannabis Brand, we emphasized the importance of marijuana businesses protecting their brand names and we talked of how both state and federal trademarks can be a part of that strategy:
Here is where trademarks (and attorneys) enter the picture. Registering your brands as trademarks is almost always the first step to protecting them. The federal government won’t register cannabis product trademarks due to the federally illegal nature of the product, but many state governments will. State-level registrations can provide real protections in the registering state and they can also serve as notice that you are claiming use of the brand. Once you register and use a trademark in commerce, your rights in it grow over time.
Even certain federal trademarks are possible. You cannot register your strain with the United States Patent and Trademark Office, but you can register your strain name on your auxiliary clothing line. And you can register your strain name on your cookie line as well, but only for cookies, not for cannabis. But still. Continue Reading How To Protect Your Cannabis Brand, Part II