Parody is a common type of marketing strategy, and has notoriously been prevalent in the cannabis space, particularly with flowers and edibles.  However, such use of another’s trademark or trade dress can be a recipe for litigation.  The case of Mondelëz Canada Inc.» Read More

On May 2, the United States Patent and Trademark Office (USPTO) issued insightful guidance on its procedures for the examination of trademarks for cannabis-related goods and services. This guidance comes months after the passage of the 2018 Farm Bill, which decriminalized industrial hemp and CBD derived from industrial hemp.» Read More

In a recent decision, the Trademark Trial and Appeal Board (TTAB) permitted the application for the mark CANNABIS CANNIBALS for “entertainment services, namely, an ongoing series featuring animated cannabis smoking cannibals provided through network or cable TV and the internet” to proceed with federal trademark registration. » Read More

Last year I blogged about the NFL’s aggressive enforcement of its trademark rights in the SUPER BOWL mark on Norris McLaughlin’s More Than Your Ma®k blog.  (You can check out that post here.)  The NFL clearly understands that trademarks are a mainstay of its brand and so, unsurprisingly, acts aggressively to protect them. » Read More

While the “legal haze” of U.S. trademark registrations is undoubtedly challenging, brand owners of cannabis-related goods in the beauty and wellness industry are up to the challenge.  In the past five years, the trademark applications for these cannabis-related products have exponentially increased. » Read More

Trademark registration and enforcement are vital to any brand owner’s ability to build brand recognition and value.  However, trademark owners of cannabis goods and services will find trademark registration highly challenging because the United States Trademark Office’s current position is to deny registrations for goods and services that involve marijuana. » Read More