Protection for Marijuana Trademarks

The advent of legal medical and recreational marijuana has birthed a budding “green” economy replete with branded snack foods, infused cosmetic creams, sundry varieties of unprocessed cannabis, and even “Cannabrand,” a marijuana-specific marketing agency. Unfortunately, the complex interplay between the marijuana industry and the U.S. Patent and Trademark Office (USPTO) presents a variety of challenges for would-be pot barons. This article analyzes obstacles and potential protection strategies for cannabis brands in the emerging marijuana marketplace.