Detroit Michigan Trademark Attorneys: Can I Trademark My Cannabis Products?

Detroit Michigan Trademark Attorneys: Can I Trademark My Cannabis Products? - Blog | HIlla Law Firm - Detroit_Michigan_Trademark_Attorney_-_Marijuana_Products

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)

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

Detroit Trademark Attorney: Can I Trademark My Film Title?

Detroit Trademark Attorneys - Trademark protection in the US is granted to marks that are in use in commerce. Thus, a single-use or single-work mark such as a film or book title cannot be registered--unless it is made into a continuing series of works. Hilla Law Firm - (734) 743-1489
"See what past clients are saying about how we helped them!"

The Hilla Law Firm did an excellent job handling the trademark registration for my online business. In my case, the process turned out to be complicated as another business registered for a similar name. The Hilla Law Firm expertly handled the situation and my trademark was approved! Kelly
See More Case Studies