In cannabis intellectual property (IP) law, as in most areas of cannabis law, separating the flowers from the weeds is difficult. There is a lot of misinformation available on the internet and elsewhere about whether pot is protectable under patent or similar laws, and what patentability means for the industry. This post gives an overview of
We’ve written about trademark basics, about the importance of trademarking your brand, about choosing a brand that sells, and about how to choose a strong mark. We have even written about the differences between U.S. and Canadian trademarks. But we have not delved into the mechanics of prosecuting a trademark application because, quite frankly, the details
Given the onslaught of media pieces lately on celebrity cannabis brands, this would be a good time to enumerate branding issues faced by cannabis business owners, and to discuss how celebrity branding is different. There are three main ways a brand owner can establish trademark rights: By using the mark in connection with their goods or
Last month, I had the honor of speaking at the International Trademark Association’s Annual Meeting about the unique trademark issues faced by the cannabis industry. We’ve written extensively on the subject (see below for some of the highlights), but it’s about time for a basic refresher on trademark law and the trademark issues cannabis business
The Mendocino Appellations Project is one of the best cannabis branding ideas we’ve heard in a while. According to the Ukiah Daily Journal, “[s]ome farmers in the Emerald Triangle, seeking to reserve the name recognition the crop has brought to the region for decades, are turning towards establishing regional appellations to protect the unique culture
Some of you may have noticed that on the day before 4/20 this year, Monsanto tweeted the following public service announcement: Tomorrow is 4/20. FYI: Monsanto has not & is not working on GMO marijuana. We address other Monsanto myths here: http://monsanto.info/23XSjum But what about in the future? Is Monsanto GMO marijuana a possibility? That’s
Whether they realize it or not, every single one of my law firm’s cannabis clients owns some sort of intellectual property. And for those clients who do realize it, most of them seek not only to protect it, but to exploit and monetize it. Even our clients without well-developed brands are regularly solicited by companies
We talk a lot on this blog about branding challenges and limitations unique to marijuana businesses. For some of our previous posts on this topic, check out the following: Organic Marijuana: Not Exactly Mirth Provisions Hits it Big with Branding Cold Brew Coffee Protect Your Cannabis Brand with a Trademark Cannabis Branding. Because it is
A trademark is commonly thought of as a brand or a logo. Think of Nike as a brand and the swoosh as its logo. A trademark can be a word (Nike), a phrase (“Just do it”), a symbol (the swoosh), a design (the swoosh) or a combination of words and designs. The owner of a
We’ve been marijuana business lawyers for a long time now and in multiple states, and being on the front lines of this industry means that we have seen a lot of good and bad actors. In this post, we share the Top Ten Marijuana Industry Red Flags so that you know what to look for to
