Cannabis Trademarks 101

In an industry that runs on innovation and differentiation, a cannabis brand’s identity is among its most valuable—and most prone to copying—assets.

Following the enactment of the 2018 Farm Bill, trademark registration for hemp and hemp-derived CBD products and services are federally available with the USPTO.

Generally, there is a path available for achieving some USPTO registration for brands in the cannabis, hemp, or CBD industries, and registration for ancillary products or services is better than no registration at all.

Note: Before you get too far into branding your company, products or services, it’s a good idea to reach out to a trademark attorney.

Simply put—the more generic your trademark, the easier it is for others to challenge.

This type of mark is helpful for marketing and advertising as it usually hints at the product or service.

Examples of this type include THC Design, Humboldt Green, and Los Angeles Chronic.

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