The state of intellectual property is in flux within the cannabis industry. On the eve of MJBizCon, below is a brief inventory of where the law stands on cannabis-related issues for branding and technology.

Branding

Federal trademark registrations remain unavailable to conventional cannabis companies, but there are several work arounds and caveats.

Work Arounds:

The general rule is that

Continue Reading Intellectual Property and Cannabis – Where do we Stand?

A recent federal appeals court decision has shed light on the legal status of delta-8 tetrahydrocannabinol (“delta-8 THC”) and its implications for cannabis brand owners.  The United States Court of Appeals for the Ninth Circuit held that delta-8 THC falls squarely within the definition of “hemp” under the 2018 Farm Act, and is therefore lawful, despite its psychoactive properties.  Cannabis
Continue Reading Delta-8 THC Offers a Path to Trademark Protection

Trademark owners in the cannabis field keep trying new ways to register their marks, and who can blame them? Branding is everything in an increasingly online world, and protecting your brand’s reputation is paramount to staying in business, especially when you operate in an industry mired in legal grey areas. The cannabis industry is growing and the laws are constantly
Continue Reading Yes, Really: The TTAB Affirms That the USPTO Will Not Register Marks for Illegal Goods

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

Our big news this week is that the American Bar Association asked the Small Business Administration to make marijuana-related companies eligible for relief funds.  There’s plenty of state news also. Iowa votes to reform its medical marijuana program.  Maine faces lawsuits
Continue Reading The Week in Weed: June 12, 2020

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

BudTrader.com, the world’s largest medical marijuana website, announced today that it has received its trademark from the U.S. Patent and Trademark Office after a year
Continue Reading The Week in Weed: November 10, 2017

Earlier this month, the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board (TTAB) issued a decision that presents relevant considerations for those in the fast-growing marijuana industry.  In the decision (In re Morgan Brown), the TTAB affirmed the rejection of a service mark application to register the below HERBAL ACCESS & Design mark in connection with “retail store services featuring herbs” because the TTAB found that the mark was actually being used in connection with the sale of marijuana.

herbalaccess

Continue Reading Marijuana Trademark Registration Strategies – July 2016 Update