Cannabis Trademarks | A #Cannabis #Trademark #Lawyer explains cannabis trademarks 101
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A cannabis trademark lawyer can explain the complex and convoluted world of trademarks in the cannabis and hemp industries. Many cannabis business owners are confused if they qualify for trademark protection because the medical marijuana, hemp, and CBD markets are still relatively young.
What is a #trademark?
A trademark, or a service mark, refers to any phrase, symbol, product name, device, color, aroma, or design that is used to distinguish goods or services from those offered by other companies or sellers in the market.
Examples of Categories of Trademarks
Fanciful. Because they are created solely to serve as a trademark, fanciful trademarks are usually the most unique and difficult to challenge.
Leafly and THCHEESE are two examples of fanciful trademarks.
Arbitrary. Arbitrary trademarks have their own identity. These strong marks are made up of a common word that has nothing to do with the product or service for which the trademark is being utilized.
Level Blends and ROAM are two examples.
Suggestive. Suggestive marks are used to indicate a feature of a product or service. Because it frequently alludes at the product or service, this form of logo is useful for marketing and advertising.
Seven Point, Re-Leaf, and Royal Highness, for example.
Descriptive. Adjectives that characterize a product or service are commonly used as descriptive marks. This covers words with a geographic origin, surnames, and alternate spellings.
THC Design, Humboldt Green, and Los Angeles Chronic are examples of this type.
Generic. Generic terms are used to represent a category or type of goods or service, and they are never protected as trademarks.
Denver Dispensary and Smoke Shop are two examples of this sort.
What are the weakest trademarks?
The weakest forms of trademarks are descriptive and generic.
Because these types are less distinct, they are easier to challenge (but widely used in the cannabis industry).
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