News & Analysis as of September 20, 2024

Medical Marijuana › Trademarks

+ Follow

Medical Marijuana refers to the use of marijuana to treat or alleviate symptoms of certain illnesses. A growing number of states permit individuals to use marijuana on the recommendation of a physician. Despite state laws to the contrary, Federal law still prohibits the use or possession of marijuana. The conflict between state and federal law on this issue has created interesting enforcement issues and significant legal hurdles for medical marijuana providers. less -

The Hazy Landscape of Trademark Protection for Cannabis Products in the U.S.

Foley Hoag LLP - Cannabis and the Law on 8/23/2024

Navigating the cannabis industry’s legal landscape in the United States is like moving through an ever-evolving maze, especially in the world of intellectual property. As more states legalize cannabis for medical and...more

MarkIt to Market® - January 2022: Watching the Pot™

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 2/1/2022

When Fame is the Name of the Game - As of the third quarter of 2021, Swedish music streaming company SPOTIFY boasted 381 million monthly active users worldwide – significantly more than the population of the entire United...more

MarkIt to Market® - January 2022

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 1/28/2022

Happy New Year! We’re excited to share the January 2022 issue of Sterne Kessler's MarkIt to Market® newsletter in a newly updated format. This month’s articles discuss the Pantone Color Institute's 2022 Color of the Year –...more

Franchising cannabis businesses

McAfee & Taft on 5/20/2021

Since the adoption of state legal medical marijuana in Oklahoma in 2018, commercial licenses in the industry have proliferated. Many prospective licensees lack the relevant cannabis experience to fully develop their business...more

MarkIt to Market® - February 2021

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 3/1/2021

The February 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses tips for co-branding arrangements in light of the recent collaboration between K-Swiss and Girl Scouts and an update on access to medical...more

Global Developments and Considerations for Registering Cannabis and Cannabis-Related Trademarks

Haug Partners LLP on 3/5/2020

This article discusses the global developments for the registration of cannabis and cannabis-related trademarks in the United States, Canada, Mexico, and the European Union....more

Cannabis Conundrum: No Federal Trademark Protections Without Federal Legalization

Lowndes on 1/8/2020

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

Brand Protection for Illinois’ Budding Cannabis Industry

Seyfarth Shaw LLP on 12/11/2019

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

MarkIt to Market - March 2019: What’s the Answer: Does the 2018 Farm Bill Create a Path for Federal Trademark Registration of CBD...

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 4/8/2019

Consumer products containing cannabidiol (CBD) are part of a growing market segment that—legal or not—is booming. Because cannabis is largely viewed as a commodity, branding and intellectual property in this space are...more

MarkIt to Market® - February 2019

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 3/2/2019

The February 2019 issue of Sterne Kessler's MarkIt to Market® newsletter discusses IP protection for cannabis products, the fate of scandalous and immoral trademark registrations, and lists the new gTLD Sunrise Period. In...more

Despite Lawful Use in Commerce, Hemp and CBD Trademarks May Still Face Rejection

Harris Beach PLLC on 2/19/2019

In a previous Legal Alert, we covered the removal of one impediment to federal trademark registration for hemp/CBD products: namely, that hemp/CBD products will no longer be outlawed by the Controlled Substances Act and will...more

Legalization of Hemp Opens Door to Federal Trademark Registration for Hemp and CBD Products

Harris Beach PLLC on 12/18/2018

The proposed amendment to remove hemp from the federal government's list of Schedule 1 drugs is likely to trigger a wave of federal trademark registrations. ...more

Weeded out?

McAfee & Taft on 8/1/2018

Recently, Oklahoma joined the ranks of the 30 states that have legalized medical marijuana, but the state still has work to do on just how to implement its new law. As usual, the devil is in the details. Even though Oklahoma...more

Five Tips to Not Let Your Marijuana Trademarks Get Vaporized

Jaburg Wilk on 6/26/2018

Whether operating in states that allow medical marijuana like Arizona or in states that allow it both medically and recreationally like Colorado, business owners in the marijuana industry want to protect their brands just...more

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

Smart & Biggar on 2/15/2018

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

High Risk, High Reward: An Overview of Navigating IP Rights in the Green Rush

McDonnell Boehnen Hulbert & Berghoff LLP on 9/14/2017

The legal U.S. cannabis market, which includes medicinal and recreational sales, is booming. Last year alone, the industry accumulated an estimated $7.2 billion in revenue, and that number is projected to grow to $21.2...more

Food and Beverage Law Update: August 2017

Holland & Knight LLP on 8/11/2017

Wage and Hour - Tenth Circuit Aligns with Cumbie on Tip Credits - In Marlow v. New Food Guy, Inc., No. 16-1134, 861 F. 3d 1157 (10th Cir. June 30, 2017), the court affirmed the district court's ruling, consistent with...more

Cannabis Industry FAQ

Troutman Pepper on 7/18/2017

Can marijuana businesses receive federal copyright protection? Yes. The requirements for registration with the U.S. Copyright Office are that the work is original, creative and fixed in some form of expression. These...more

Shocking Trademarks May Now Be Viable, But Medical Marijuana Marks Remain an Impossible Dream

Baker Donelson on 7/10/2017

The U.S. Supreme Court recently struck down as unconstitutional the ban on disparaging trademark registrations, but that doesn’t mean a dispensary can get a federal trademark registration. The Supreme Court’s June 19...more

Selecting a Unique Brand for your Cannabis Business

Foster Garvey PC on 3/27/2017

All brands should strive to be unique. However, it is particularly important that businesses in competitive industries, like the cannabis industry, adopt brands that are highly distinctive and unique. Why? In competitive...more

Half Baked: The Brave New World of Branding Weed

Lewitt Hackman on 11/15/2016

In last week’s election, California voters passed Prop 64, which means recreational marijuana can be sold and used by persons over 21 within the state. But don’t get excited about the gold rush just yet. Recreational...more

21 Results

View per page

Page: of 1

Medical Marijuana › Trademarks

"My best business intelligence, in one easy email…"