Title: Pursue Cannabis Intellectual Property Strategies Despite Limitations
Author: New Cannabis Ventures
Date: 18 Aprile 2018
Upon reviewing, you will notice that only one of those intellectual property rights is founded on the commerce clause of the U.S. Constitution. This is important because, if you can remember that U.S. Federal Trademarks exist because of Congress’ ability to regulate interstate commerce, you will always remember which intellectual property right is unavailable for things that are illegal in interstate commerce – Only U.S. Trademark Registrations are unavailable for Cannabis, and only when the activity stated in the U.S. Trademark Registration is for an activity that is illegal in interstate commerce. State trademarks are permitted in any state that permits Cannabis-related trademarks, and U.S. Trademarks are permitted for any activity taken by a Cannabis-related company that is legal under U.S. law. To make a funny comparison, if a company that sold flower in Colorado also had a side business where it sold superhero comic books, it would be perfectly acceptable for the company to register a U.S. trademark application for comic books. Note that if the company happened to distribute Cannabis flower in sleeves inside the Cannabis comic books, they wouldn’t be able to register a U.S. trademark (and instead, would have lots of other problems).
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