Can One Trademark My Marijuana Brand?

The solution to regardless of whether you is capable of federal trademark protection for the cannabis based brand depends upon how carefully you’re associated with the marijuana product itself under federal trademark law and whether it’s legal use within commerce under federal law.

The Controlled Substances Act (CSA) presently prohibits manufacturing, disbursing, dispensing, or possessing certain controlled substances, including marijuana and marijuana-based formulations too “any equipment, product, or material of any sort that is mainly intended or created for use within manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or else presenting into the body a controlled substance, possession being unlawful…” including drug paraphernalia in interstate commerce so additionally towards the cannabis product itself no pipes, bongs or vaporizers.

There has been federal trademarks granted for many ancillary products associated with the manufacture or dispensing of marijuana. For instance, federal trademarks happen to be granted for any marijuana clothing company, an internet journal associated with overall health issues surrounding marijuana or even a medicinal marijuana referral service because none violate the CSA standards discussed above. The U . s . States Patent and Trademark Office (USPTO) have rejected trademark applications for marijuana strains and related marijuana paraphernalia. Like a “boots and suspenders” method of brand protection some Marijuana Real Estate and Advice Lawyers firms that offer services or goods that don’t violate the CSA are registering their marks in qualified courses of instruction for products or services or achieving some protection for his or her brands and awaiting your day when federal trademark registration might be allowed.

Some states permit the registration of condition trademarks and that do not carry the limitations from the CSA and therefore are frequently good choices for achieving a stride of protection for the marijuana brands and when federal law changes would have the prospect an advantage in achieving a federal registration later on.

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