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Trademarks › Decriminalization of Marijuana

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
ArentFox Schiff

Top 10 Legal Issues in the Cannabis Industry in 2024

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In an industry known for its fast-paced changes, 2024 will be no different for cannabis. For all those with an eye on the industry, the number one question remains, is this the year for rescheduling? The answer is, maybe. And...more

Troutman Pepper

High Stakes: Eight Tips (and One Bonus) for Cannabis Professionals on the Budding World of Trademarks

Troutman Pepper on

Apologies for the cannabis puns in the title, but they are required by law. Okay, you are correct. That is not true. But it is true that trademark protection is important for individuals in the cannabis industry. Earlier this...more

Clark Hill PLC

Q3 Cannabis Industry Group Newsletter

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Welcome to your quarterly rundown of the latest legal, policy, and market happenings in the cannabis and hemp industry. The Cresco and Columbia Care Fallout: How Credit Monitoring Could Have Prevented It - The Cresco and...more

Fox Rothschild LLP

Primer on Cannabis Trademark Law and How Rescheduling Could Change the State of the Law

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With more individuals and businesses entering the cannabis sector, there has been an increased interest in what kind of trademark protections a cannabis business can obtain. This article seeks to briefly cover what in the...more

McGlinchey Stafford

Our Top 8 Most Popular Insights of 2022

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As 2022 draws to a close, what better time to revisit our most popular insights of the last year and see what topics have engaged our client industries? Our attorneys work hard to stay on the cutting edge of industry...more

Ward and Smith, P.A.

It's About Time: Federal Court Addresses Delta-8

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Delta 8 tetrahydrocannabinol ("THC"), an intoxicating form of THC often derived from hemp-derived cannabidiol (aka "CBD"), has been at the center of numerous hot button issues since its arrival in the broader hemp product...more

Bradley Arant Boult Cummings LLP

The U.S. Trademark Office Says Δ8-THC Is Illegal -- Usually

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The decriminalization of cannabis in some states, and its partial decriminalization at the federal level, has created an explosive market for cannabis itself and the myriad chemicals that compose the plant. The 2018 Farm Bill...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - September 2021

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The September 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses a recent non-precedential Trademark Trial and Appeal Board decision regarding intent-to-use applications covering CBD products currently...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - July 2021: Budding Legislation – The Cannabis Administration and Opportunity Act

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On July 14, 2021, Senate Majority Leader Chuck Schumer, together with Senate Finance Committee Chair Ron Wyden and Senator Cory Booker, released a discussion draft of the Cannabis Administration and Opportunity Act (the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - July 2021

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[co-author: Richa Patel, Summer Associate] The July 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses fluid trademarks and the Cannabis Administration and Opportunity Act. Plus, check out the answer key...more

Akerman LLP - Marks, Works & Secrets

Lanham Act Preemption of State Law Where Cannabis Trademarks Are At Issue

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As cannabis products become legal in more and more states, commercial interest grows in protecting the trademarks associated with those products.  The United States Patent and Trademark Office has maintained its refusal to...more

Haug Partners LLP

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

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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

Carlton Fields

EU Court Rules Cannabis Trademark Unregistrable as Contrary to Public Policy

Carlton Fields on

The General Court of the European Union ruled on December 12 that the Cannabis Store Amsterdam logo was unregistrable as violative of public policy and morality because it would encourage illegal activity. This decision is...more

Vedder Price

The 2020 Intellectual Property Year in "Preview" Article* - *Also Known as “I’ll Be Right, Sooner Or Later”

Vedder Price on

You could make a good argument that courage is a mistake of evolution. We’d all be better off just running away from a hungry saber-toothed tiger. (Those things were huge! And have you seen their teeth?!) But, at some point,...more

Seyfarth Shaw LLP

Brand Protection for Illinois’ Budding Cannabis Industry

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On January 1, 2020, the recreational use of marijuana will be legal under Illinois law. With the formal enactment of the Cannabis Regulation and Tax Act, it is expected that numerous new companies will be gearing up to enter...more

Akerman LLP - Marks, Works & Secrets

Cannabis Trademarks Redux

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In a case affecting the fast-growing legal cannabis industry, the Trademark Trial and Appeal Board (“TTAB” or “Board”) affirmed the United States Patent and Trademark Office’s (“USPTO”) refusal to register two trademarks for...more

Akerman LLP - Marks, Works & Secrets

Marks For Hemp and Cannabis

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The United States Patent and Trademark Office recently issued a new Examination Guide relating to trademarks for cannabis and cannabis-related goods and services....more

Seyfarth Shaw LLP

Likely To Be Dazed and Confused – An Update

Seyfarth Shaw LLP on

Seyfarth Synopsis: Regular readers will recall that in March we blogged about cannabis-related trademarks. We now have an update...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market - March 2019: What’s the Answer: Does the 2018 Farm Bill Create a Path for Federal Trademark Registration of CBD...

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

Consumer products containing cannabidiol (CBD) are part of a growing market segment that—legal or not—is booming. Because cannabis is largely viewed as a commodity, branding and intellectual property in this space are...more

Ward and Smith, P.A.

Trademarks and Hemp-Derived Cannabidiol: Brand Protection for CBD Products

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Cannabidiol (commonly referred to as "CBD") has been in the news for several years now, due to its touted health and wellness benefits. This is especially the case since the Agricultural Act of 2018, or AIA, became law in...more

Harris Beach PLLC

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

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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

Lowndes

Trademark Protection Challenges and Strategies for U.S. Cannabis Businesses

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In almost every industry, businesses expend significant capital and resources to develop their brand, which, although intangible, is often the most valuable piece of property a business owns....more

Harris Beach PLLC

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

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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

Amundsen Davis LLC

Weeding Out The Competition: How To Protect Brands In The Booming Marijuana Industry

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The number of states legalizing medicinal and recreational marijuana use continues to rise. According to CNNMoney, legal pot is now a multi-billion dollar industry in the US. In order to weed out the competition, these...more

Ward and Smith, P.A.

Making and Keeping Your Mark: Hemp Brand Protection in a Brave New World

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For North Carolinians, hemp is here. The federal legalization of hemp grown under state-sanctioned research programs in the Agricultural Act of 2014, combined with the myriad uses of hemp, including cannabidiol (aka,...more

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