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Registering a federal trademark is still difficult for cannabis companies, according to intellectual property attorneys who work with the industry.


Ed Weisz, a partner at Cozen O’Connor in New York, said the federal patent law allows for patents to be placed on plants. So different strains of cannabis can be registered with the U.S. Patent and Trademark Office. He explained getting a strain of cannabis patented does not present any unique problems other than the issues every kind of product goes through in the middle of the patent application process.

“The trademark space is trickier than the patent space,” Weisz explained. “Primarily that’s due to the fact that patent laws allow people to apply for and obtain plant patents. You can in effect obtain patents on a new cannabis strain or something.”


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Dan Clark

Dan covers cyber security, legal operations and intellectual property for Corporate Counsel. Follow him on Twitter @Danclarkalm.

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