Jessica Gonzalez (Courtesy photo)
(This is a contributed guest column. To be considered as an MJBizDaily guest columnist, please submit your request here.)
In states with regulated marijuana markets, there exists an unsustainable pattern of similar – and sometimes even identical – trademarks being used to sell cannabis products.
This pattern exists because the U.S. Patent and Trademark Office (USPTO) bars federal trademark protection for marijuana products because they are federally illegal.
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Without the ability to enforce trademark rights in federal court, there is often little to no recourse for cannabis companies seeking to stop trademark infringement from offenders in other states.
Preventing brand confusion Luke Zimmerman (Courtesy photo)
Trademark law exists to help consumers avoid confusion in the marketplace.
Every business selling a branded product or service has a trademark that helps consumers identify the origin of its goods and services.
However, because of marijuana’s Schedule 1 status, cannabis operators are
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