Trademark Protection And The Cannabis Sector

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Summary

Applying for trademark protection for the actual cannabis-infused products, such as vape pens, transdermal patches, creams, lotions, edibles, etc. Such challenges include brand protection in states where such products are legal and navigating the trademark application process before the United States Patent and Trademark Office (USPTO). Determining a timeline in applying for trademark protection for the marijuana and cannabis products themselves on an “intent-to-use” basis in the event such products become legal on the federal level within the next three-to-four years. Nonetheless, there are strategies that can be put in place to maximize protection of marijuana business trademarks and other intellectual property. Currently, both medical and recreational marijuana products violate the Federal Controlled Substances Act.

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Via JD Supra . Kourtney Mulcahy of law firm akerman writes…

Companies entering into the emerging market for medical and recreational marijuana products and services will face unique challenges when attempting to protect trademarks. Such challenges include brand protection in states where such products are legal and navigating the trademark application process before the United States Patent and Trademark Office (USPTO).

Currently, both medical and recreational marijuana products violate the Federal Controlled Substances Act. Because of such prohibition, companies in the business...

Read the full article @ Cannabis Law Report