News & Analysis as of

Goods or Services Marijuana

Seyfarth Shaw LLP

What’s the Delta?  How Delta-8 Can Provide Trademark Rights for Hemp and Marijuana

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A Texas appellate court recently upheld a decision to prevent a ban on the sale of delta-8 tetrahydrocannabinol (THC) products in the state.  Tex. Dep’t of State Health Servs. v. Sky Mktg. Corp., No. 03-21-00571-CV, 2023 BL...more

Troutman Pepper

Tagging Out: The RFID Debate in Cannabis Compliance

Troutman Pepper on

The cannabis industry has witnessed significant growth in recent years, marked by the legalization of medical and/or recreational marijuana in 38 states, Washington D.C., and three territories. Alongside this expansion comes...more

McGlinchey Stafford

NY, NJ Regs Give Clarity To Cannabis Investors, Ancillaries

McGlinchey Stafford on

New laws and regulations are likely to be implemented in both New Jersey and New York in the very near future, which will greatly affect parties’ abilities to work with marijuana businesses. Regulating Parties that Deal with...more

Stikeman Elliott LLP

Canada’s 2022 Federal Budget: Commodity Tax Measures

Stikeman Elliott LLP on

On April 7, 2022, the Government of Canada unveiled its 2022 federal budget (“Budget 2022”) and announced certain important commodity tax measures. Budget 2022 includes proposed amendments to past proposals, as well as some...more

Lowndes

Cannabis Conundrum: No Federal Trademark Protections Without Federal Legalization

Lowndes on

Despite the trend of state legalization of cannabis and overwhelming market attention paid to cannabis companies, owners of cannabis businesses still cannot obtain federal trademark protection for their cannabis related...more

Carlton Fields

EU Court Rules Cannabis Trademark Unregistrable as Contrary to Public Policy

Carlton Fields on

The General Court of the European Union ruled on December 12 that the Cannabis Store Amsterdam logo was unregistrable as violative of public policy and morality because it would encourage illegal activity. This decision is...more

Seyfarth Shaw LLP

Brand Protection for Illinois’ Budding Cannabis Industry

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On January 1, 2020, the recreational use of marijuana will be legal under Illinois law. With the formal enactment of the Cannabis Regulation and Tax Act, it is expected that numerous new companies will be gearing up to enter...more

Mintz - Intellectual Property Viewpoints

Navigating the Legalization of Hemp under the 2018 Farm Bill Involves Changes to the Issuance of Federal Trademarks in the...

Legalizing “hemp” under the Agricultural Improvement Act of 2018 (2018 Farm Bill) has triggered an important change for the examination of federal trademark applications concerning cannabis and cannabis-derived goods and...more

Ward and Smith, P.A.

2018 Farm Bill and Federal Trademark Protection for Hemp

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The U.S. Patent and Trademark Office ("USPTO") generally refuses to register marks that violate federal law. Hemp and hemp-derived CBD were previously classified as Schedule I controlled substances under the Controlled...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Trademark Registration Sees a New High: Registration for trademarks for goods derived from "hemp" now allowed under USPTO rules

Following the enactment of the 2018 Farm Bill [see related article1], the United States Patent and Trademark Office (USPTO) just this morning released a new Trademark Examination Guide for marks covering cannabis and...more

Ward and Smith, P.A.

Making and Keeping Your Mark: Hemp Brand Protection in a Brave New World

Ward and Smith, P.A. on

For North Carolinians, hemp is here. The federal legalization of hemp grown under state-sanctioned research programs in the Agricultural Act of 2014, combined with the myriad uses of hemp, including cannabidiol (aka,...more

Smart & Biggar

Don’t let your brand go to pot (Part I): 4 things that cannabis brand owners need to know

Smart & Biggar on

The Canadian federal government is moving quickly towards legalizing the possession and consumption of cannabis for recreational purposes. However, Canada’s cannabis industry is already “overgrown” with many licensed (and...more

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