Detroit Michigan Trademark Attorney: Trademark Protection Available Only for Goods or Services Legal Under Federal Law
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).
Thus, trademark registration with the USPTO remains currently unavailable for marijuana or cannabis products in Michigan, and elsewhere in the US.
Marijuana and Cannabis Trademark Registration: The Bottom Line
None of this means that there is no protection at all for Michigan businesses offering marijuana or cannabis-related products or services. Trademark registration under Michigan state law is still available, although this provides limited protection only. It is
And there are other options worth discussing with a Michigan trademark registration attorney as well.
The bottom line is that, if you offer such products or services, it is advisable to consult a knowledgeable Michigan trademark attorney before filing any application for trademark registration.
Detroit Michigan Trademark Attorney John Hilla offers free, telephonic consultations for trademark clients. Contact us at (734) 743-1489 to schedule an appointment.