Legal Insights

Introduction: The Trademark Modernization Act of 2020 Recent changes to United States trademark laws herald significant changes for brand owners.  In particular, the Trademark Modernization Act of 2020 (TMA) established new rules for trademark enforcement, prosecution, and maintenance. The TMA adjusted United States Patent and Trademark Office (USPTO) procedures, implementing expedited trademark application timelines and creating new enforcement tools for

Cybersquatting can dilute and harm a brand in many ways, including by drawing potential customers and business opportunities away from a business. The cost of a UDRP action could prove very worthwhile when a disputed domain is actually damaging a business.

USPTO trademark registrations are an important way for cannabis companies to protect and grow their brands nationally.  While cannabis companies still cannot register trademarks that identify goods or services related to manufacturing, distributing, dispensing, and possessing cannabis and cannabis-based preparations because cannabis, and its psychoactive component, Tetrahydrocannabinol (THC), remain classified as Schedule I controlled substances under the federal Controlled Substances

On July 1, 2021, when the State of Virginia’s and the State of Connecticut’s cannabis legalization took effect , 18 states across the nation had legalized adult-use cannabis. With positive momentum on states legalizing recreational cannabis, as well as clear and repeated assertions from Senate Majority Leader Chuck Schumer (D-NY), it’s not farfetched to assume that nationwide legalization is on

As the COVID-19 pandemic sends shockwaves through society and impacts all businesses–including those in the cannabis and hemp industries–in countless ways, trademarks often take a back seat to more pressing concerns. Recognizing that trademarks nonetheless remain crucial assets of many businesses, the federal government recently took action in a way that stands to affect trademark matters for many cannabis and hemp

As the cannabis industry grows and evolves, building a recognizable brand will become increasingly important. Strong and well-respected brand identities will help cannabis companies distinguish themselves from their competitors.  Because of this, trademarks (the intellectual property constituting a brand and its related goodwill) will undoubtedly become some of the most valuable assets owned by successful cannabis companies.   As trademarks gain

The United States Patent and Trademark Office (“USPTO”) has long refused to register trademarks and service marks for goods and/or services that violated federal law, regardless of the legality of the activities under state law. (See generally Trademark Manual of Examining Procedure (TMEP) §907.) As many cannabis and hemp brands know, this restriction made securing federal trademark protection a challenging