Trademarking marijuana business?!?

[Double F]

Hey whats up yall, has anyone here trademarked a marijuana business in the united states, specifically medical states. i know alot of guys are starting their own brands for various things, from dispensary collectives to products themselves...

Businesses like colorado's "the growing kitchen" come to mind...Rare Dankness, Pinkhouse, Harborside health center, etc etc


Anyways i currently have a name/brand trademarked, however i was told that there are several classes of trademarks. Right now i have it trademarked under 2 classes, agricultural consultation and for farm produce.

I want to know if i need to trademark my company to specify it will be marijuana related. Currently the business is not related to pot but i want it to be in the future if its legalized here. Im wondering if i need to bring this up with my lawyer, id rather not raise any attention by openly telling them i intend to make this a marijuana related business until its completely legal here in california.

 

[walindour]

I registered a business in WA state before ever starting up to protect the name. It never hurts to have the cart before the horse in this day and age.

 

[Wiggs Dannyboy]

I tell ya, you're treading in very important legal land here, you gotta make certain that you are getting completely accurate information. If you do one thing wrong, or just not up to the level of a competent attorney, you could end up screwing yourself.

I think this is one of those times where spending a chunk of money on a good lawyers's hour of time is the only way to go. Call a lawyer tomorrow.

 

[Double F]

yea i have a lawyer consultation scheduled..but im not sure if i should even bring up the legal marijuana aspect? im hoping that my general trademark for "farm produce" will cover all agricultural products produced by the company...but maybe cannabis itself will be seperate.

i guess i should just break the news to the lawyer and see what he says..

 

[Wiggs Dannyboy]

I would agree...I don't see how you're going to get cannabis specific advice without mentioning the name cannabis. Besides, I'm pretty sure that client/attorney privileges apply just like doctor/patient. Worse thing that can happen is the lawyer will tell you they can't discuss illegal things, but I highly doubt that is the case.

I think there is a company called NOLO which deals with legal advice, they publish books on the subject, probably have a website. They might have a FAQ section where your question is answered.

 

[Double F]

I contacted a friend whos a lawyer and informally asked about it, he mentioned to NOT tell the federal PTO about anything cannabis related. He said that even in states like Colorado where its legal, they do NOT trademark their brands under cannabis related sales. Since its still federally illegal, all applications for trademarks mentioning cannabis or medical marijuana are automatically denied.

He said to apply under the class of "advocacy organization" and that is what most collectives and other companies are registering as. He said this and consulting are the easiest class to prove your yearly usage with, you just say you had a few verbal conversations, no need for receipts or business ledgers.

He also mentioned that for businesses doing edibles, like Dixie Elixirs or Space Brownies, that they trademark their businesses under the legal equivalent. So for examples, if you sell cannabis brownies, you have a business that sells baked goods, and then every year when you have to prove usage of the trademark, you show sales receipts for a few dozen non-cannabis brownies.

so just a few things i learned today, going to talk with my paid trademark lawyer later and im going to be applying under the Agricultural Consulting class and the class for general farm produce. i can sell a certain amount of wine grapes every year to prove usage and then use the trademark to sell legal cannabis in a legalized market.

 

[Double F]

latest lawyer consultation also echoed that it is not wise to trademark under marijuana specific class.

still going through the process, its a long and drawn out one. i have two going through right now. its costing around 600 per trademark so far, but im sure theres more fees to come.

interesting that theres not more discussion on this, there are hundreds if not thousands of new medical and recreational marijuana businesses being formed.

 

[floralheart]

I would just stay underground like a 90's house album. but you should probably ask someone that knows what they're doing.

 

[VonBudí]

interesting that theres not more discussion on this

theres a reason

stitch in time = learn from a snitches mistake and dont brag about your trademark on here when you get it

 

[Double F]

yea thats why i am never divulging any actual brand names or specific ideas. there can easily be general dicussion on the subject without actually dropping any specific information.

also some companies are operating in the full out open and are in main stream publications. Dixie Elixirs, River Rock, etc...they all have to deal with this exact thing and they are in violation of federal law, regardless of state legality.

 

[Stoner4Life]

incorporating requires either your lawyer or your bank to report the business as a business to the feds, that way they can tax you & your new biz. no way around that.

I'm thinking similar thresholds would be mandatory for trademarks as well, you couldn't possibly protect a secret.......