Marijuana Trademark Law

Marijuana Trademarks and Trademarks in general are mostly governed by federal law, specifically, the Lanham Act. Under the Lanham Act, trademarks used in connection to any legal commerce have certain exclusive rights, and the ability to protect those rights. The basis for those rights is the owner’s “use in commerce,” however, it must be a “legal use in commerce.”

Cannabis is still a very young industry that is dominated by small businesses spread out across the United States. Cannabis production and sales are governed almost exclusively by state laws because cannabis is still a forbidden schedule 1 drug under the Controlled Substances act. Federally, cannabis is still illegal and considered equivalent to heroin.

Therefore, selling cannabis is not a “legal use in commerce,” even though it is legal under some states’ laws. So, does federal cannabis prohibition mean that cannabis companies have no right to trademarks?

Absolutely not; even cannabis companies are eligible for some trademark protection, but navigating the complicated intersection of trademark law and cannabis law requires experience in both legal specialties.

Gleam Law has successfully handled more cannabis trademark applications than any other law firm in the country. We carefully craft every trademark application to seamlessly protect our clients without giving the government any reason to reject the application.

For a cannabis trademark, It is best to seek an expert in both trademark and cannabis law.