canna law blog

How To Protect Your Cannabis Brand, Part II

Not exactly. Even though the USPTO will not register trademarks for cannabis-products, state trademark registrations are a viable and relatively inexpensive option for protecting your marijuana brand. Obtaining state registration of a cannabis trademark/trade name gives exclusive rights to that trademark/trade name within that particular state. And to the extent a name is being used in commerce for non-cannabis goods and services, registering a federal trademark is still an option. In other words, you can register your trade name for your killer brownies that just happen to have marijuana in them, but you cannot register your trade name for the marijuana itself.