Cannabis trademark and patent litigation will skyrocket if/when interstate commerce opens up in the United States. Intellectual property protection has been limited due to the legal status of cannabis (excluding hemp) under federal law, but be sure to look into whether your jurisdiction offers state registration. Similarly, it may be worth looking into an international registration such as the Madrid Protocol to bolster a claim to a mark once interstate channels open up. Proactively “staking a claim” to a mark on paper on behalf of a cannabis client may very well be the difference in trademark litigation between two identical or similarly sounding marks. IP attorneys, therefore, will inevitably play a crucial roll in shaping a national cannabis landscape in the United States.
DISCLAIMER: THIS INFORMATION IS STRICTLY EDUCATIONAL AND DOES NOT CONSTITUTE LEGAL ADVICE.