Monitor Your Cannabis Trademark Because it Matters

Cannabis trademark lawyersWith so much discussion surrounding the difficulties of obtaining trademark protection for cannabis-related marks, it’s easy to forget that the battle isn’t over when a registration issues. Even after you have completed the onerous process of prosecuting your trademark application, there is no automatic guarantee that others won’t attempt to use your mark, or a confusingly similar mark. Enforcing your trademark requires constant monitoring to ensure that others are not infringing your mark.

Although the USPTO will vet your application against marks that have already been federally registered, and will issue your trademark registration, they will not actively monitor or seek out infringers, nor will they prosecute infringers. Monitoring for and prosecuting infringers is your job, as the trademark owner. There is nothing stopping other companies from adopting your name, or a variation on your name, for their own use. They may not be successful in securing a federal trademark application due to likelihood of confusion with your mark, but they can continue using the mark until someone makes them stop.

Vigilance on the part of a trademark owner is key to preventing infringement. Here, we’re including some basic tips for monitoring potential infringers of your mark.

First, regularly search the Internet. This is common sense. Perform Google searches for your trademark, and for your logo if you have one. Google Alerts comes in handy here as well. Set up an automated search and receive email alerts every time new pages containing your mark are indexed.

If you really want to delve into things, search the Trademark Electronic Search System (TESS) on the USPTO website. This search engine allows you to search the USPTO’s database of registered trademarks and pending applications to find marks that may be similar to yours. Pending applications may give you some insight into companies that are using or attempting to use marks that are similar to or the same as your own. For additional information on searching the USPTO’s database, which can get a bit complicated, go here.

Aside from self-monitoring, there are many companies and law firms that provide trademark monitoring services for their clients. These companies conduct regular monitoring searches for your mark.

And of course if you do encounter a company you believe to be infringing your trademark, you should contact a cannabis IP attorney right away. An experienced IP attorney can walk you through your options for dealing with an infringer, including cease and desist letters, settlement negotiations, and litigation.

3 responses to “Monitor Your Cannabis Trademark Because it Matters”

  1. I am a terminal fourth stage prostate patient who once had a PSA of 5477! They gave me a few months to live. That was 5 years ago, and I am still around and healthy. I got it down to just 15 after two months of treatment and lots of RSO oil with a large amounts of THC . We also grow CBD oil which is very high in CBD and low in THC. Now the dispensary in San Jose that was thinking of doing business with us is backing off the CBD oil because of pressure from a couple of local CBD manufacturerer’s getting closed down because they were selling it. If I am not allowed to sell the oil I can produce with alcohol. “EverClear”. Can I still make it up myself for my own cancer? We are first on the list where we live to becoming permitted,and I have a medical pot doctor’s recommendation. Also. We live in a very rural area near Trinity County Ca.

    I am very displeased with the way most of the dispensaries are shying away from what the founder Rick Simpson has said about the RSO oil. After all, he is the “Father of RSO” and should know something from the 12 or so years and hundreds of patients that he treated and cured. I know that he is right in assuming that you need , (at least for cancer”) very high levels of THC with just a bit of CBD to create a synergistic effect that enhances the Ceramide producing molecules that are drawn to the effected cancer cells ,to go into the mitochondria and kill that energy producing cell by apoptosis; or “Cell Suicide.”.

    There are not very many dispensaries out there who sell this “Real medicine for cancer.”
    I still have not received any data from some of the folks who say how the low amount of THC works just fine for killing cancer. When I do ,I’ll change my mind and my method.

    Also the DEA just slammed the movement to change the classification of CBD, the safe, wonder molecule to a more legal limit of something like .8 of THC. Anyway, I would appreciate if you can answer the most important part of my question, Will a stage 4 prostate cancer patient like myself still retain the right to manufacture my own medicine? Thanks for your thoughts.
    Please keep me informed of any positive changes in this stupid law.Joshua

    THANKS FOR YOUR OUTPUT TODAY, ITS BEEN A WHILE NOW SINCE I BOUGHT THE
    STUFF. I HAD A FLOOR GUY COME AND DO THE HOUSE. HE LEFT THE COMPLEX
    CUTS FOR ME AND DID ABOUT 3 QUARTERS OF THE JOB. MY BACK IS STILL
    GETTING
    BETTER FROM MY CANCER THAT I HAD, SO I NEED AN ESTIMATE. I
    COULD BUY THE PRODUCT FROM YOU, OR COULD HELP YOU INSTALL TO SAVE SOME
    MONEY. AT ANY RATE WE CAN START OUT WITH A GOOD LOOK AT WHAT MY STUPID
    FRIDGE DID.
    I AM SENDING YOU THESE PHOTOS AND A GENERAL MEASUREMENT
    OF THE AREA. ITS A SWATH OF ABOUT 12 FEET LONG BY 4 FEET WIDE.
    THERE ARE BOARDS IN THE MIDDLE OF THESE THREE HUGE HUMPS THAT HAVE TO BE
    TAKEN OUT ,BUT I MIGHT BE ABLE TO MAKE THE PATCH WITH WHAT I HAVE IN
    THE BASEMENT. PLEASE GIVE ME A CALL AT 530 266. 3256
    HEY, I BUILT
    MOST OF THE FINISH HERE MYSELF AND WOULD GO AHEAD AND DO THE WORK
    MYSELF, BUT MY LADY SAYS THAT ITS NOT A GOOD IDEA RIGHT NOW. IF THE
    INSURANCE WILL PAY FOR THE FRIDGE TOO, WE MIGHT JUST HAVE YOU COME AND
    SEE US WHEN IT CLEARS UP HERE. THANKS. JOSH.

  2. I am a terminal fourth stage prostate patient who once had a PSA of 5477! They gave me a few months to live. That was 5 years ago, and I am still around and healthy. I got it down to just 15 after two months of treatment and lots of RSO oil with a large amounts of THC . We also grow CBD oil which is very high in CBD and low in THC. Now the dispensary in San Jose that was thinking of doing business with us is backing off the CBD oil because of pressure from a couple of local CBD manufacturerer’s getting closed down because they were selling it. If I am not allowed to sell the oil I can produce with alcohol. “EverClear”. Can I still make it up myself for my own cancer? We are first on the list where we live to becoming permitted,and I have a medical pot doctor’s recommendation. Also. We live in a very rural area near Trinity County Ca.

    I am very displeased with the way most of the dispensaries are shying away from what the founder Rick Simpson has said about the RSO oil. After all, he is the “Father of RSO” and should know something from the 12 or so years and hundreds of patients that he treated and cured. I know that he is right in assuming that you need , (at least for cancer”) very high levels of THC with just a bit of CBD to create a synergistic effect that enhances the Ceramide producing molecules that are drawn to the effected cancer cells ,to go into the mitochondria and kill that energy producing cell by apoptosis; or “Cell Suicide.”.

    There are not very many dispensaries out there who sell this “Real medicine for cancer.”
    I still have not received any data from some of the folks who say how the low amount of THC works just fine for killing cancer. When I do ,I’ll change my mind and my method.

    Also the DEA just slammed the movement to change the classification of CBD, the safe, wonder molecule to a more legal limit of something like .8 of THC. Anyway, I would appreciate if you can answer the most important part of my question, Will a stage 4 prostate cancer patient like myself still retain the right to manufacture my own medicine? Thanks for your thoughts.
    Please keep me informed of any positive changes in this stupid law.Joshua

    THANKS FOR YOUR OUTPUT TODAY, ITS BEEN A WHILE NOW SINCE I BOUGHT THE
    STUFF. I HAD A FLOOR GUY COME AND DO THE HOUSE. HE LEFT THE COMPLEX
    CUTS FOR ME AND DID ABOUT 3 QUARTERS OF THE JOB. MY BACK IS STILL
    GETTING
    BETTER FROM MY CANCER THAT I HAD, SO I NEED AN ESTIMATE. I
    COULD BUY THE PRODUCT FROM YOU, OR COULD HELP YOU INSTALL TO SAVE SOME
    MONEY. AT ANY RATE WE CAN START OUT WITH A GOOD LOOK AT WHAT MY STUPID
    FRIDGE DID.
    I AM SENDING YOU THESE PHOTOS AND A GENERAL MEASUREMENT
    OF THE AREA. ITS A SWATH OF ABOUT 12 FEET LONG BY 4 FEET WIDE.
    THERE ARE BOARDS IN THE MIDDLE OF THESE THREE HUGE HUMPS THAT HAVE TO BE
    TAKEN OUT ,BUT I MIGHT BE ABLE TO MAKE THE PATCH WITH WHAT I HAVE IN
    THE BASEMENT. PLEASE GIVE ME A CALL AT 530 266. 3256
    HEY, I BUILT
    MOST OF THE FINISH HERE MYSELF AND WOULD GO AHEAD AND DO THE WORK
    MYSELF, BUT MY LADY SAYS THAT ITS NOT A GOOD IDEA RIGHT NOW. IF THE
    INSURANCE WILL PAY FOR THE FRIDGE TOO, WE MIGHT JUST HAVE YOU COME AND
    SEE US WHEN IT CLEARS UP HERE. THANKS. JOSH.

  3. I am a terminal fourth stage prostate patient who once had a PSA of 5477! They gave me a few months to live. That was 5 years ago, and I am still around and healthy. I got it down to just 15 after two months of treatment and lots of RSO oil with a large amounts of THC . We also grow CBD oil which is very high in CBD and low in THC. Now the dispensary in San Jose that was thinking of doing business with us is backing off the CBD oil because of pressure from a couple of local CBD manufacturerer’s getting closed down because they were selling it. If I am not allowed to sell the oil I can produce with alcohol. “EverClear”. Can I still make it up myself for my own cancer? We are first on the list where we live to becoming permitted,and I have a medical pot doctor’s recommendation. Also. We live in a very rural area near Trinity County Ca.

    I am very displeased with the way most of the dispensaries are shying away from what the founder Rick Simpson has said about the RSO oil. After all, he is the “Father of RSO” and should know something from the 12 or so years and hundreds of patients that he treated and cured. I know that he is right in assuming that you need , (at least for cancer”) very high levels of THC with just a bit of CBD to create a synergistic effect that enhances the Ceramide producing molecules that are drawn to the effected cancer cells ,to go into the mitochondria and kill that energy producing cell by apoptosis; or “Cell Suicide.”.

    There are not very many dispensaries out there who sell this “Real medicine for cancer.”
    I still have not received any data from some of the folks who say how the low amount of THC works just fine for killing cancer. When I do ,I’ll change my mind and my method.

    Also the DEA just slammed the movement to change the classification of CBD, the safe, wonder molecule to a more legal limit of something like .8 of THC. Anyway, I would appreciate if you can answer the most important part of my question, Will a stage 4 prostate cancer patient like myself still retain the right to manufacture my own medicine? Thanks for your thoughts.
    Please keep me informed of any positive changes in this stupid law.Joshua

    THANKS FOR YOUR OUTPUT TODAY, ITS BEEN A WHILE NOW SINCE I BOUGHT THE
    STUFF. I HAD A FLOOR GUY COME AND DO THE HOUSE. HE LEFT THE COMPLEX
    CUTS FOR ME AND DID ABOUT 3 QUARTERS OF THE JOB. MY BACK IS STILL
    GETTING
    BETTER FROM MY CANCER THAT I HAD, SO I NEED AN ESTIMATE. I
    COULD BUY THE PRODUCT FROM YOU, OR COULD HELP YOU INSTALL TO SAVE SOME
    MONEY. AT ANY RATE WE CAN START OUT WITH A GOOD LOOK AT WHAT MY STUPID
    FRIDGE DID.
    I AM SENDING YOU THESE PHOTOS AND A GENERAL MEASUREMENT
    OF THE AREA. ITS A SWATH OF ABOUT 12 FEET LONG BY 4 FEET WIDE.
    THERE ARE BOARDS IN THE MIDDLE OF THESE THREE HUGE HUMPS THAT HAVE TO BE
    TAKEN OUT ,BUT I MIGHT BE ABLE TO MAKE THE PATCH WITH WHAT I HAVE IN
    THE BASEMENT. PLEASE GIVE ME A CALL AT 530 266. 3256
    HEY, I BUILT
    MOST OF THE FINISH HERE MYSELF AND WOULD GO AHEAD AND DO THE WORK
    MYSELF, BUT MY LADY SAYS THAT ITS NOT A GOOD IDEA RIGHT NOW. IF THE
    INSURANCE WILL PAY FOR THE FRIDGE TOO, WE MIGHT JUST HAVE YOU COME AND
    SEE US WHEN IT CLEARS UP HERE. THANKS. JOSH.

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