In the cannabis industry, intellectual property protection is often one of the most critical – and most overlooked – competitive advantages. Greenspoon Marder’s intellectual property attorneys work with clients throughout the nation on patents, copyrights, trademarks and trade secrets. We leverage our diverse backgrounds in business, science, technology and the law with an in-depth understanding of intellectual property rights to help our clients succeed in today’s increasingly competitive cannabis marketplace.
Until marijuana is legal at the federal and state level, obtaining federal trademark protection for cannabis-related goods and services will continue to have its challenges. It is critical for business owners to consult with experienced attorneys who can advise on the most strategic and cost-effective options. In some cases, it may be advisable to pursue state trademark protections only, which, along with common law rights, afford some protection of a company’s brand. In other cases, U.S. trademark registration is advisable.
Fortunately for cannabis companies, marijuana’s Schedule 1 status is not relevant to patentability. There are currently a wide range of patents and applications on the United States Patent and Trademark Office (USPTO) database, including cannabis plants, products, extraction and processing methods, consumption devices, methods of medical cannabis use, and more.
Similarly, marijuana’s Schedule 1 status is not relevant to protection of trade secrets or copyrights either. Each of these types of intellectual property can be used to protect your company.
Our intellectual property attorneys can help you evaluate and secure the right type of protection, and are skilled in:
- Trademark registration, protection and enforcement
- Patent litigation
- Patent prosecution
- Copyright registration, protection and enforcement
- Trade secret protection and disputes
- Domain name registration and disputes
- IP audits
- IP asset due diligence
- Trademark licensing
- Technology licensing