California is turning to homegrown trademark protections for the state’s projected $18 billion legal marijuana business in the face of federal prohibitions.
The Patent and Trademark Office doesn’t allow the registration of marijuana-related trademarks because selling marijuana is illegal under federal law. That doesn’t stop cannabis-related trademarks from being registered at the state level, but California will have to tweak its own rules first to make it possible.
A bill pending in the state legislature (A.B. 64) will allow California businesses to register their marijuana-related trademarks with the secretary of state by adding classes of goods and services covering medical and recreational marijuana. Currently, California law requires applicants to list one of the federal-level classes.
