Can I Register My Cannabis Product Brand as a Federal Trademark?

cannabis product trademark
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Trademark protection at the Federal level (which is to say, nationwide) is available via registration of the trademark or service mark with the US Patent and Trademark Office (USPTO). 

When an application for trademark registration is filed with the USPTO, the application is reviewed for approval based on various criteria, one of which is the question of whether the good or service with which the proposed trademark is associated may legally be sold over state lines. 

This requirement is rooted in the fundamental fact that Federal trademark registration is only available for a mark used in association with a good or service that is being sold in interstate commerce

Detroit Michigan Trademark Attorney: Marijuana & Cannabis Legality Under Michigan or Other State Law Not Relevant

Despite the fact that the legal use of marijuana products in Michigan, Colorado, and other states has shifted dramatically over the past few years, marijuana remains a Schedule I substance that is illegal under the Federal Controlled Substances Act (CSA)

What does this mean? 

It means that the cannabis product itself is not one for which a trademark may be registered.

However, that does not mean that enterprises legally engaged in such manufacturing, distribution, or sale under Michigan or other state law is totally without options. 

Detroit Trademark Attorneys: What Can Be Registered as a Trademark? 

First, it is important to bear in mind that a trademark is registered in relation to a specific product or service being marketed for sale in interstate commerce.

That is, it must be a name, word, phrase, logo, or symbol that uniquely identifies YOUR product or service. 

It cannot be confusingly similar to any other mark registered to identify somebody else’s product or service, if those products or services are similar. 

It cannot merely describe the product and its geographic origin (e.g., “Detroit Shoe Company”). 

It cannot be so generic that it fails to point consumers at your particular product or service. 

The product or service that the trademark identifies to consumers must, further, be one that is legally able to be sold in the U.S. 

When Can a Trademark Be Registered for a Cannabis Product or Service? 

A trademark application may be filed for a business involved the cannabis 

Marijuana and Cannabis Trademark Registration: The Bottom Line

The bottom line is that, if you offer such products or services, it is advisable to consult a knowledgeable trademark attorney before filing any application for trademark registration. 

The Hilla Law Firm, PLLC offers free virtual consultations or virtually to trademark clients throughout the United States. 

If you are interested in discussing the filing of an initial trademark application or defending an office action already filed, please contact us to discuss your matter or click here to directly schedule your initial trademark consultation into our calendaring system

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