In a recent statement the State of California has announced a decision that the California Secretary of State’s office will begin accepting applications for trademarks on cannabis products and services. This is revolutionary, and something many of us in the industry thought might never happen.
So What Does This Mean?
This means businesses are going to have some serious protection in potential legal action; at least within the state. One of our clients recently found another company operating as them in the next city over, using their logo and everything. This law opens up the ability to do something about that kind of blatant infringement. While this is exciting it doesn’t mean all bases are covered – you still cannot receive federal trademark protection for a federally illegal substance.
So Why Worry About It?
Beginning the process of protecting your brand is imperative as the industry is growing at lightening speed and new brands are being launched daily. Don’t let your competion rip off your name and then trademark it themselves. While this may only provide you security and protection within the state it is the first step towards owning your brand identity and should be completed as soon as possible.
So what should you trademark?
We advise our clients to trademark their Business name, logo, and products. Cannabis flower, and the concentrates made from it, are difficult products to brand, mainly due to popular naming conventions. The ability to trademark cannabis products within the state alleviates some of this concern for new products but comes with challenges for existing strain names.
So how do you get started?
As with everything in this industry the processes and regulations are being created and changed as we go. The Secratary of State website has some basic information. We are able to refer you to a trademark attorney as well upon your request. Or if you have some basic questions about the process we would be happy to help, just contact us!