Trademarks & IP

ALMO Law can provide comprehensive guidance to cannabis companies, including those that grow, manufacture, distribute, or sell cannabis, regarding intellectual property matters and considerations. Due to the conflicting nature of federal versus state laws regarding the legality of cannabis there are a number of complications for those seeking to protect their cannabis business through patents, trademarks or other intellectual property mechanisms. Additionally, a sea of misinformation that causes even more confusion often surrounds these issues.

Cannabis businesses need trademarks for brand protection. For example, it helps to prevent name disputes or to make them less costly. Trademarks also facilitate creation of goodwill and help improve customer loyalty. Moreover, cannabis businesses may establish a tangible asset through a trademark registration that can be eventually monetized through licensing.

Following the enactment of the 2018 Farm Bill, trademark registration for hemp and hemp-derived CBD products and services are federally available with the USPTO.
Federal USPTO registration may be available for non-plant-touching businesses, as well as for products or services that don’t involve the CSA (including products such as apparel, lighters, ashtrays, rolling papers, vaporizers, and websites).

Generally, there is a path available for achieving some USPTO registration for brands in the cannabis, hemp, or CBD industries, and registration for ancillary products or services is better than no registration at all.

State trademark registrations and common law trademark rights may be available for cannabis brands in some states, including New York. While it is becoming increasingly important for cannabis entrepreneurs to examine their intellectual property needs, ALMO Law has its goal to help our clients to develop a robust strategy to protect their rights.