Recreational cannabis became legal in Canada under the Canadian Cannabis Act on October 17, 2018 and sales have begun. Prior thereto, only medical marijuana was available in Canada. The Canadian Trademarks Act has not been amended in any way in respect of the sale and promotion of recreational cannabis in Canada. The law regarding registration … Continue Reading
Suppose that you want to obtain a patent for an invention related to your cannabis business. What if the invention is a device for extracting oils, an ornamental design for a new vaporizer, or a new breed of cannabis plant? Should you attempt to patent your invention with the U.S. Patent and Trademark Office? Can … Continue Reading
In a precedential opinion, the Trademark Trial and Appeal Board (“TTAB,” an administrative arm of the U.S. Patent and Trademark Office) affirmed the trademark examiner’s refusal to register HERBAL ACCESS for retail store services featuring “herbs.” Although the application did not mention marijuana as one of the “herbs” being sold, applicant Morgan Brown’s specimen of … Continue Reading
