News & Analysis as of

Trademark Registration Medical Marijuana United States Patent and Trademark Office

Foley Hoag LLP - Cannabis and the Law

The Hazy Landscape of Trademark Protection for Cannabis Products in the U.S.

Navigating the cannabis industry’s legal landscape in the United States is like moving through an ever-evolving maze, especially in the world of intellectual property. As more states legalize cannabis for medical and...more

Haug Partners LLP

Global Developments and Considerations for Registering Cannabis and Cannabis-Related Trademarks

Haug Partners LLP on

This article discusses the global developments for the registration of cannabis and cannabis-related trademarks in the United States, Canada, Mexico, and the European Union....more

Harris Beach PLLC

Despite Lawful Use in Commerce, Hemp and CBD Trademarks May Still Face Rejection

Harris Beach PLLC on

In a previous Legal Alert, we covered the removal of one impediment to federal trademark registration for hemp/CBD products: namely, that hemp/CBD products will no longer be outlawed by the Controlled Substances Act and will...more

Harris Beach PLLC

Legalization of Hemp Opens Door to Federal Trademark Registration for Hemp and CBD Products

Harris Beach PLLC on

The proposed amendment to remove hemp from the federal government's list of Schedule 1 drugs is likely to trigger a wave of federal trademark registrations. ...more

McAfee & Taft

Weeded out?

McAfee & Taft on

Recently, Oklahoma joined the ranks of the 30 states that have legalized medical marijuana, but the state still has work to do on just how to implement its new law. As usual, the devil is in the details. Even though Oklahoma...more

Jaburg Wilk

Five Tips to Not Let Your Marijuana Trademarks Get Vaporized

Jaburg Wilk on

Whether operating in states that allow medical marijuana like Arizona or in states that allow it both medically and recreationally like Colorado, business owners in the marijuana industry want to protect their brands just...more

Troutman Pepper

Cannabis Industry FAQ

Troutman Pepper on

Can marijuana businesses receive federal copyright protection? Yes. The requirements for registration with the U.S. Copyright Office are that the work is original, creative and fixed in some form of expression. These...more

Baker Donelson

Shocking Trademarks May Now Be Viable, But Medical Marijuana Marks Remain an Impossible Dream

Baker Donelson on

The U.S. Supreme Court recently struck down as unconstitutional the ban on disparaging trademark registrations, but that doesn’t mean a dispensary can get a federal trademark registration. The Supreme Court’s June 19...more

Dorsey & Whitney LLP

Use in commerce for federal trademark registration: the Federal Circuit slowly moves towards the Supreme Court

Dorsey & Whitney LLP on

Is there any use of a trademark within the United States that is insufficient to support federal trademark registration? The federal trademark laws are based on the Commerce Clause of the United States Constitution, and...more

Lewitt Hackman

Half Baked: The Brave New World of Branding Weed

Lewitt Hackman on

In last week’s election, California voters passed Prop 64, which means recreational marijuana can be sold and used by persons over 21 within the state. But don’t get excited about the gold rush just yet. Recreational...more

Dorsey & Whitney LLP

In the Weeds Between Federal and State Law: Brand Name for Legal Marijuana Sales Denied Federal Registration

Dorsey & Whitney LLP on

In a precedential opinion, the Trademark Trial and Appeal Board (TTAB) affirmed a USPTO refusal to register the trademark HERBAL ACCESS on the basis the use of the mark in commerce was unlawful under the Controlled Substances...more

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