Creative solutions for cannabis industry IP
The cannabis industry is growing exponentially in the US but it’s doing so without traditional federal trademark protection. Although marijuana-related brands are flourishing and fortunes are being made, marijuana is still illegal under the federal Controlled Substances Act (CSA).
Accordingly, current US Patent and Trademark Office (USPTO) policy is to refuse all cannabis-related trademark applications other than hemp-derived products that contain less than 0.3% THC. This policy has forced the cannabis industry to use creative alternatives to protect their brands.
In 2019, the cannabis industry has become a multibillion-dollar industry and 33 states including the District of Columbia have some form of legalised cannabis, whether medical, recreational, or both. More than 35 million US citizens use marijuana on a monthly basis, which is more than the number of Americans who smoke cigarettes. Research indicates that the number of cannabis users is growing at over 15% a year.
This rapidly expanding consumer base has spawned an industry that includes growers, distributors, retailers, equipment suppliers, manufacturers of cannabis-infused edible products, magazines, websites, media outlets, clothing lines, and paraphernalia manufacturers, including vaporiser companies.
