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weed trademarks

Can Weed be Trademarked?

By Hiring A Trademark Attorney
You Can’t get a Federally Registered Trademark for Weed With so many states making marijuana legal, cannabis entrepreneurs, like any other businesspersons, may want to protect their good will and brand identity by obtaining the protection of federal trademark registration.  For the moment, alas, they are out of luck.  In order to qualify for federal trademark registration, the trademark must be used on the goods identified in the trademark application in interstate commerce. The Trademark Act’s requirement of ‘use in commerce,’ means a ‘lawful use in commerce.  In re Pepcom Indus., Inc., 192 USPQ 400, 401 (TTAB 1976); TMEP §907. Weed May Be Legal In Your State Although pot, Mary Jane, marijuana, or whatever moniker you prefer, may be legal under the laws of various states, it is still absolutely illegal under federal law pursuant to the Controlled Substances Act...
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