Drake’s bid to trademark Canadian cannabis warning labels proves a bust

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Drake’s attempt to trademark the warning label that appears on Canadian cannabis products seems to have been a failure.

The rapper/actor was informed late last week by the United States Patent and Trademark Office that his request to trademark the label has been rejected. Strangely, it was not rejected on the grounds that Canada owns the rights to the symbol, but rather because a different company has already trademarked “THC,” which is short for tetrahydrocannabinol, the intoxicating compound in the cannabis plant.

Although Canada’s ownership of the label was cited as a reason the application was rejected, the primary reason seemed to be that Drake wants to use the symbols for apparel like sneakers, hoodies and other streetwear, but that Pineapple Express Inc. already owns the trademark in that context.

The Californian weed delivery business has a diverse portfolio of trademarks and intellectual property relating to cannabis.

The U.S. government publicly filed the rejection letter, which outlined a variety of reasons for the refusal, including that the symbol could be used to sell federally prohibited products like cannabis, or confused with others symbols.

The Degrassi alum and his team must contact the trademark office to appeal the decision and tackle the issues cited in the letter. If he fails to follow up, the filing is set aside by the government, which results in essentially denying the trademark outright.

Health Canada has reported it owns the copyright to the symbol, and that it is not intended to be used for apparel or for the financial gain of a private entity.

“The standardized cannabis symbol is protected by Crown copyright and intended to be used for public health and safety purposes only and not for private commercial means,” Health Canada chief of media relations, Eric Morrisette, told MarketWatch earlier this month. “It can be an infringement of Crown copyright to reproduce the symbol for commercial purposes without permission to do so from the copyright owner.”

Drake announced a partnership with Canadian licensed producer Canopy Growth earlier this month for a new cannabis label, More Life Growth Co., in Scarborough, Ont.

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