Strategies: Patent and Trademark Office not high on pot retailers and products

Signs are everywhere that Colorado’s blooming marijuana industry has gone from the thing few felt comfortable talking about to a mainstream business promising huge financial rewards.

Despite the entrepreneurial activity and the huge influx of cash, the Feds still officially regard marijuana production and sale as a crime.

One of the clearest examples lies in what’s going on at the U.S. Patent and Trademark Office. When the first medicinal marijuana shops began cropping up a decade or so ago, some of them, like any well-advised business, sought protection of their name under a federal trademark registration.

A few of the applications initially succeeded, but eventually the officials at the trademark office, choking on the idea of affording federal trademark protection to a business doing something that is a federal crime, put an end to the revelry.

Under well-established trademark law, no federal trademark can be registered, and no federal court...

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