Mondaq Article: Worldwide: Global Developments And Considerations For Registering Cannabis And Cannabis-Related Trademarks

Ben Natter and Jessica Sblendorio partnered with Mexican colleagues, Mauricio Chozas and Lorena Pinto, from Cuesta Campos to comment on global developments for the registration of cannabis and cannabis-related trademarks in the United States, Canada, Mexico, and the European Union. Federal trademark registration in the United States provides strong protection for brands and intellectual property. The United States Patent and Trademark Office (“USPTO”) will not grant such protection for marks that cover goods and/or services that are a violation of federal law, regardless of whether the activities associated with the goods or services is legal under state law. See 37 C.F.R. § 2.69. This principle has generally barred businesses in the cannabis industry from being able to register marks associated with their cannabis and cannabis-related goods and services. However, in May 2019, the USPTO issued new guidance on the examination of cannabis and cannabis-related trademarks following the enactment of the 2018 Farm Bill. This guidance will have implications for trademark owners seeking to register their marks in the United States. Other countries, such as Canada, the European Union, and Mexico, handle the registration of marks for cannabis in a number of ways and legal developments in these countries may make it less difficult to register such marks in the future. Understanding the global developments and regulations on industries focused on cannabis and cannabis-related goods and services and their ability to register trademarks for cannabis-related industries is critical in providing protection that was previously not available to such businesses. Having an understanding of the…

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Source : CANNANNEW REPORT
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