5 Trademark Tips for Marijuana Entrepreneurs
By Anne Wallace
Kieran Doyle, partner at the New York firm of Cowan, Liebowitz & Latman, recently shared insights with MJINews about the particular challenge of securing trademark protection for cannabis products.
Trademark protection is an important part of building brand recognition for any fledgling business. The problem is, however, that the U.S. Patent and Trademark Office requires “lawful use in commerce” for registered marks. Since cannabis commerce is not lawful under federal law, marijuana businesses seem to be stuck in a definitional dilemma.
But in practice, according to Doyle, there are several steps cannabis entrepreneurs can take to protect their marks. More may be possible than initially meets the eye.
The situation may be easier for ancillary businesses. “It is fine for grow-friendly products, like lighting or hydroponic systems seeking to capitalize on the marijuana economy to advertise in cannabis-themed publications and websites,” Doyle noted, “but it will facilitate...
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