Tonkon Torp partners Chris Erickson and Parna Mehrbani hosted a seminar on October 24 to discuss trademark issues specific to the cannabis industry. Their program included an introduction to the process of researching and obtaining trademark rights through use in commerce and through state and federal registration. The discussion explored the challenges facing companies in the cannabis and hemp industries given the limits on federal trademark protection for marijuana and CBD/hemp products as a result of the status of such products under the Controlled Substances Act and the Food, Drug, and Cosmetics Act. The attorneys provided strategies for: working within U.S. Patent and Trademark Office limitations, exploring other paths such as state registrations and contractual obligations, and establishing and enforcing common law trademark rights.
Chris and Parna are members of the firm’s Intellectual Property Law Practice Group, which provides a full range of counseling and compliance services, as well as litigation expertise.