May 25, 2022

Trademarks & Cannabis

IPLAC Vice Chair of the Trademarks & Anti-Counterfeiting Committee, Doni Robinson (McDonald Hopkins) held a riveting discussion on the current and future state of the cannabis industry with IP experts Greg Parker (K&L Gates), Jillian Burnstein (Reed Smith), and Nicole Grimm (McDonnell Boehnen Hulbert & Berghoff) on March 22, 2022. The discussion covered considerations when assisting cannabis clients seeking IP protection for cannabis used for recreational use to medical use, cannabis in the form of edibles, and even patent considerations for cannabis growers. While cannabis is a regulated federal substance and restricted from federal trademark protection, our experts explored creative measures to protect their clients’ rights. Our experts further explored regulations and federal developments of the Controlled Substances Act, 2018 Farm Bill, and Federal Food Drug and Cosmetics Act. Our experts even touched on international trademark refusals, such as how to respond to an Office Action refusing cannabis protection for “offending the sensibilities of consumers.” Needless to say, the cannabis industry is always developing between state and federal considerations, and our experts provided innovative ways to protect their clients unique IP rights.

If you have any questions about this discussion, please contact Doni Robinson.