Published via JD Supra
Source: https://www.jdsupra.com/legalnews/cannabis-trademarks-101-5273400/
In an industry that runs on innovation and differentiation, a cannabis brand’s identity is among its most valuable—and most prone to copying—assets. It’s a common myth that cannabis industry brands cannot get trademark protection. In fact, many cannabis-related trademarks are registered with the U.S. Patent and Trademark Office (USPTO), including U.S. Weed Channel, MedMen, Cheech’s Private Stash, and GOT GUMMIES? to name a few.
Why do cannabis businesses need trademarks?
- Brand protection in a competitive industry
- Name disputes are easier (and less costly!) to resolve
- Creates goodwill and improves customer loyalty
- Establishes a tangible asset that can be licensed, transferred, and assigned a monetary value
- Gives you the right to sue infringers in Federal District Court and seek greater damages
What types of trademarks are available for cannabis businesses?
Following the enactment of the 2018 Farm Bill, trademark registration for hemp and hemp-derived CBD products and services are federally available with the USPTO. Products regulated by the FDA—such as food, beverages, and dietary supplements—may face additional hurdles obtaining USPTO approval. Federal USPTO registration may be available for non-plant-touching businesses, as well as for products or services that don’t involve the CSA (including products such as apparel, lighters, ashtrays, rolling papers, vaporizers, and websites). Generally, there is a path available for achieving some USPTO registration for brands in the cannabis, hemp, or CBD industries, and registration for ancillary products or services is better than no registration at all. For example, several dozen VS clients have received approval of their marks from the USPTO. State trademark registrations and common law trademark rights may be available for cannabis brands in states that have legalized cannabis. What can a trademark protect?- Names
- Logos
- Taglines
- Packaging
- Sounds
- Smells
- Colors