In Canada and the US, the current belief of business people who are in marijuana business is that it is impossible for them to protect the brands they are known for, or even brand any other related products to cannabis and its by-products. However widespread this belief is, it is inaccurate. The truth is that these “marijuana marks” can be protected and it is very encouraged to do so.
There are rules and regulations in the US guiding the protection of marijuana products and the marijuana marks. In-Depth knowledge of these rules is essential. The survival of any business venture or product in marijuana is highly dependent on a brilliant and deep insight into the current position of the marijuana industry, and the direction it is heading in the future. It is essential to look into and develop strategies for the continued protection of both marijuana and its related by-products.
There was a temporary uplift in the mood for both the manufacturers and uses in the weed industry after the legalization of Marijuana in California. Unfortunately, this high mood was doused by the arrival of a more conservative presidential reign which came with some empty threats. One must not be oblivious of the fact that the legitimate sales of marijuana and its by-products in an illegitimate situation cannot be considered a good business venture.
The need for Trademarking marijuana and its by-products has been one of the many unanswered questions with the 2016 shift in the American administration.
Issues with Trademark registration in the weed industry
The USPTO also known as The United States Patent and Trademark Office is the administering body in the United States that sees to all the applications for trademarks and patents. USPTO examining authority will decline to register marks and give rights to any individual or entity if there is any violation of “Lawful Use Rule” by the concerned party. Violation of the Lawful Use Rule is said to have happened when a submitted application is not in consonance with the regulations of the federal law, i.e., the CSA (or Controlled Substances Act).
Going by the standards set by the Controlled Substance Act, the distribution, production, processing or dispensing of some controlled substances including marijuana and its derivatives is illegal and prohibited. It is also unlawful to sell a property or an infrastructure to engage in transport and commerce of drugs, bongs, marijuana crushers, vaporizers and other drug processing equipment.
USPTO Ban on registration of Trademarking marijuana
In important words, the USPTO will not issue a trademark registration to trademarks of marijuana and its derivatives. To start with, USPTO didn’t have such strict guidelines set up for weed business. After the herb was legitimized in the state of California, authorities of USPTO kept their entryways open for the business visionaries in the weed industry. After some time there was a great deluge of applications for registering trademarks for marijuana and marijuana‑based products. The rate at which apps were coming in was so high to the point that the officials did not have any time to do other office work other than paperwork that required scrutiny and sorting.
The occurrence drove the authorities to close their entryways for new applications relating to cannabis trademark enlistment for new organizations in the weed business. They along these lines restored the application expenses to the individual candidates.
The USPTO has heightened its strictures on trademark applications where the name of the trademarks gives clues that it has something to do with marijuana. So all “CANNABIS,” “BONG,” “WEED,” “CUSH,” “GRASS,” “DOPE” trademark applications are promptly under investigation and if there are any of the items in the form that have something to do with marijuana, for example, gauging scales, vaporizers and processors. In all likelihood, such an organization may at present get a protest from the Trademarks Office if an examining attorney has doubts that the applicant doesn’t have real intention to utilize the trademark lawfully in business.
Over the United States of America, legitimization is as yet a discussed issue. While a few states have effectively affirmed its utilization and use, a few states are thinking towards the sanctioning. Marijuana is wholly authorized for both medicinal and recreational needs in the District of Columbia. Another 13 states have legitimized the psychoactive therapeutic pot. Twelve more countries have agreed decriminalized ownership laws for therapeutic weed and separation law while just three rules and two occupied domains.
On July 1, 2018, the distribution, production, and sale of cannabis and its by‑products were legalized by the Federal Government of Canada. Enactment for the equivalent has been tabled, and when the news for the legalization was shared to the general population by the government, there was an immediate skyrocket in the shares of Canadian marijuana companies.
Canadian Point of View on Cannabis
On October 17, 2018, it was possible and legal to buy marijuana in Canada.
At the point when nations around the globe are checking the improvement of the marijuana industry, Canada is setting a precedent in this part. Necessary infrastructure is being built to create business opportunities for investors who are interested in the marijuana business to carry out their business transactions within the country legitimately. In the United States, entrepreneurs in the cannabis business have experienced many legal and financial barriers as a result of the disparities among different states of the United States. One of these barriers includes a lack of access to monetary sponsorship from traditional banking systems. In addition to this, the United States has become an unwelcoming atmosphere for the marijuana industry due to tax deductions and other complex laws within the United States Code.
Without doubts, the marijuana industry is heading for success because of the friendly and hospitable ambience of Canada for new investors and innovators.
The cultivation of marijuana has been permitted by the Federal Government of Canada through a controlled number of large-scale growers. This method will eliminate the need for intermediaries or dealers who were the central serviced both the streets and the legal market.
Canada is the new and alluring goal for speculators hoping to put their assets in the improvement of weed based items and by items for both therapeutic and recreational use. By the mid-year of 2018, Canada completely legalized recreational cannabis, which made it the leading industrialized nation to authorize and manage marijuana from creation to consumption.
In Canada, it is possible to acquire trademark protection for a trademark that is intended to be used with cannabis and cannabis-related merchandise and enterprises. As of late, there has been a tremendous increase in trademark applications for weed and weed related production.
Canada should be an inspiration for both clients and suppliers in the United States who have been attempting to get their trademarks registered with the USPTO.