Cannabis Trademarks: Trademark in Cannabis Goods and Services

Over the past few years, a lot of businesses have grown their #cannabis businesses and cannabis #brands. And to spend that much time and money on clever branding and marketing that protect it would be an utter waste. So I wanted to talk about what you can and can't do.

As you know, cannabis is a substance that is still controlled under the Controlled Substances Act (CSA) and because the United States Patents and Trademark Office is a federal office that goes by federal laws, you cannot protect anything that deals with the actual cannabis flower or the bud itself.

So if you're selling the actual cannabis, you're not going to be able to get the federal protection for that. Few other things that you cannot do even if it's a byproduct of that, if it's grounds or anything like that, you're still not going to be able to get the federal protection for it. However, if you're doing any ancillary goods or services, you can protect those. So anything that does not touch the bud or the flower is protectable federally.

For example, if you're doing consultation services, one on one, helping people, finding the right dosage, and that's part of your business. Or if you're helping cannabis businesses advertise, if you have a software application, like with maps, helping locate, advertise other cannabis businesses, then you can get those registered.

As a matter of fact, you can see all the different registrations other similar marks have registered federally here (1:44).

One thing I do not recommend doing. Don't go starting a clothing brand just for the sake of preserving your rights for your cannabis brand. Unless clothing is a big part of your business or you anticipate it to be a big part of your business. Getting your mark protected under the clothing class won't really help you much if and when cannabis becomes federally legal. If you're selling gummies, if you're selling edibles, or if you're selling the actual bud or flower here in California, you can file a California registration and protect your brand under those classes.

In the United States Patents and Trademark Office and federal registrations, you can file an intent to use the application even though you haven't started selling yet, and you can file an application and then submit proof of how you're using the mark, in which you cannot do that for California trademarks. In California #trademark application you have to use it in commerce before you file those applications. So if you are in one of those states where you can actually register your mark, I would highly recommend doing that, getting data first used on that application, and getting the registration with your state to cover all the products that might not be protected federally.

I hope this helps. If you are in the CBD business, please make sure to watch the following video where I dive into what you can and can't do with CBD marks.

Видео Cannabis Trademarks: Trademark in Cannabis Goods and Services канала Innovent Law