Protecting Cannabis Trademarks

Protecting Cannabis Trademarks | Mark Kaufman

Recently we met a client who wants to develop a brand for use in connection with a cannabis product, in one of the 23 states (and the District of Columbia) where it’s legal.  While cannabis is clearly a growing business, selling it is still a criminal offense in the eyes of the federal government.  So, the challenge is to protect a brand without the aid of the US Patent and Trademark Office (USPTO).   The USPTO reasons that federal trademark protection requires use of the trademark in interstate commerce, and interstate sale of marijuana violates the federal Controlled Substances Act.

Click here to read Mark Kaufman's full article...