Los Angeles marijuana lawyers recognize trademark and patent applications to be an important component of legal marijuana businesses – necessary moves that can protect the product brand, increase the company’s value and shield you from legal action pursued by other firms.

As reported in the most recent edition of Marijuana Business Magazine, some companies report their value has been boosted by tens of millions of dollars as a result of obtaining patent and trademark protections, not just here in the U.S. but in other countries as well.

Trademarks and patents serve two distinct purposes. Trademarks insulate your company branding while patents help shield any unique product development.

Why Get a Patent for Your Pot Products?

Patents exist for novel, non-obvious, unique products and “inventions.” These can include not just variations on ancillary products used for cannabis cultivation, sales and consumption, but also unique strains of the plant.

Although patents are submitted to a federal agency (the U.S. Patent & Trademark Office), that agency isn’t obligated as a matter of law to conform to the stipulations of the U.S. Controlled Substances Act (the federal law that classifies marijuana as an illegal – and extremely dangerous – Schedule I narcotic). If you think about it, this makes a lot of sense because many big-name drug companies apply for patent protection before securing the official Ok from the U.S. Food & Drug Administration.

Patent databases show the federal office has granted numerous cannabis-related patents (mostly for non-THC items/procedures) such as methods for CBD extraction, hemp stalk processing and topical CBD creams. A number of others cover things like technologies that don’t actually touch the plant, like ways to better control dosage of certain active ingredients.

Patents aren’t all that expensive either. As Los Angeles cannabis patent lawyers can explain, often the biggest issue, given that cannabis has been around a while, is identifying and establishing that an idea is truly “novel.”

Trademarks are Trickier – Why They May Still Be Worth Pursuing

Trademarks, which protect your name, logo, brand identity and so on, are especially important for any cannabis company where consumer recognition of their products is key. Manufacturers of packaged cannabis products especially need to consider the importance of this.

The tough thing about trademarks for marijuana businesses, however, is that the USPTO has refused to issue them for any cannabis plant-touching product. So you can’t trademark the name of your THC-potent strain or even the name of your dispensary.

However, the agency has loosened its rules ever since hemp was legalized with the advent of the 2018 Farm Bill, which removed cannabidiol (a hemp extract that does not contain psychoactive THC elements) from the list of federally-recognized dangerous drugs.

Another reason to consider trademarks: It may be possible for a trademark secured for a hemp-derived product/brand to be enforced against other companies that might use it for their marijuana-containing products. The key is determining whether there is a likelihood of customer confusion.

Because of all the legal loopholes and bureaucratic red tape involved with cannabis companies securing patents, trademarks and other intellectual property protection, your best bet is to consult with an experienced Los Angeles cannabis business attorney.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, ancillary companies, patients, doctors and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Making Your Mark, Protecting It, July 2019, Marijuana Business Magazine

As NBC Los Angeles recently reported, now that regulations in the year-old recreational marijuana industry are beginning to settle, some companies are revamping their whole image in an effort to appeal to a wider audience. (Years of “reefer madness” propaganda, a spotty patchwork of state medical marijuana statutes and a spate of federal raids hadn’t helped the industry’s image.)

Building on this previously-untapped market, long-time dispensaries are taking a new tact on branding, while those just breaking into the market are working on forging their recognition for the first time. Unfortunately, because federal law – specifically the U.S. Controlled Substances Act – remains at odds with the now-majority of states that legalize the drug in some form, not all types of intellectual property protection are available to marijuana businesses. Nonetheless, acting on available protections now can help combat copycats in the present while better positioning them to seize further opportunity if/when the government does repeal the CSA.

What Exactly is My Marijuana Business Brand and Why Does it Matter?

All businesses need some degree of differentiation to effectively promote, get people to know who you are, recognize you and cultivate loyalty. A “brand” is everything about you – from your name, your theme, slogan, the type of products/services you offer – down to the colors and font you choose. But as an L.A. marijuana intellectual property rights attorney can explain – not all of that is protected due to the unique legal status of marijuana businesses.

By protecting your brand, you are protecting what makes you distinct from other businesses. The whole idea of intellectual property law is to promote innovation and creativity by awarding those who generate it – while depriving the copycats of those same rights. Innovation and creativity are investments. Intellectual property protections give you a way to make sure no on else profits form your ideas.

What Intellectual Property Protections Are Available for California Cannabis Companies?

Trademarks are symbols, designs, phrases or words that identify you and set you apart from the competition. Typically, you’d protect this by registering your trademarks with the U.S. Patent Office. Unfortunately, trademark protection is usually not available because of a clause in the U.S. Trademark Act that requires registrants to show they aren’t using their trademark in illegal transactions. Marijuana is illegal under federal law.

What you can usually still file for is copyright protection, which doesn’t have this same requirement. You can theoretically argue commonlaw copyright without every needing to register for anything so long as the work is wholly original, somewhat creative and tangible/can be reproduced. Your marijuana intellectual property lawyer may advise you though to register whatever copyrighted material you can to be safe.

However, while copyright laws may protect a logo (image), they probably won’t extend to your brand name, tagline, slogan, etc. That falls under the purview of a trademark. You can submit all of this for copyright protection and not receive a flat-out rejection (copyrights aren’t vetted the way trademarks are), but you may not be able to enforce anything in the copyright but the images.

It’s important that whoever your cannabis business attorney is has experience in intellectual property law and understands how best to ensure your own work is protected from infringement – and also that you have solid legal standing if you’re accused of infringement by another company.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Rebranding Weed: One Year Into California’s ‘Green Rush,’ Cannabis Industry Wants to Change Pot’s Image, Feb. 11, 2019, By Jonathan Bloom, NBC Los Angeles

More Blog Entries:

Why Small Marijuana Businesses Need a California Cannabis Attorney, Dec. 22, 2019, Los Angeles Marijuana Intellectual Property Attorney Blog