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Cannabis Trademarks and Legal Use in Commerce

Cannabis Trademarks And Legal Use In Commerce

Last week I had the honor of speaking on a panel at Chicago-Kent College of Law, dealing with the unique intellectual property issues faced by the cannabis industry. One issue we discussed at length was exactly what types of federal trademark applications would be rejected by the United States Patent and Trademark Office (USPTO), and on what basis.The key to determining whether the USPTO will reject a trademark application is not in the substance or form of the mark itself, but in the goods and/or services the mark will be used on. For example, a trademark application will not necessarily be rejected simply because the word cannabis or a graphic of a cannabis leaf is a part of the mark – it’s entirely possible to make legal use of a mark that contains these elements (although these marks may raise issues of “immoral and scandalous matter“). Rather, the USPTO will reject a mark if the specification of goods and services contains goods or services that are illegal. For purposes of the...

See Article on Canna Law Blog HERE