News & Events

News & Events

7.15.2016

Cannabis Trademark Strategy in Jeopardy

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Greg Wesner authored an article titled “Cannabis Trademark Strategy in Jeopardy.”  In the article, he discusses the July 14 decision made by the Trademark Trial and Appeal Board of the U.S. Trademark Office that rejects a popular strategy for protecting cannabis-related marks at the federal level.

Many forward-thinking cannabis businesses have applied to register marks for non-cannabis articles that they offer for sale alongside cannabis-containing products: they seek registration for non-cannabis products, and rely on a halo effect to provide protection for the mark when used on cannabis.  That’s out the window now.