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Registering Your Trademarks: A How-To Guide

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Registering your trademarks is a critical step for protecting your brand – but it’s definitely not easy to figure out without experience. Trademarks are unique identifiers, most often company or product names or logos, but slogans, hashtags, and even 3D shapes, sounds and scents can also constitute trademarks, if used in connection with specific products or services. Here’s is a simple rundown of the process for registering your trademarks with the United States Patent and Trademark Office (USPTO). While the process may seem straightforward, there can be lots of pitfalls, so it’s always a good idea to consult with someone experienced in the process.

  • Run a trademark search (also known as a clearance or screening). The goal is to identify registered or prior-applied trademarks that are identical or similar to yours, and could therefore prevent the registration of your trademark. USPTO’s own searchable database (TESS) is the main tool used for this step. A search is not mandatory, but highly recommended to avoid unpleasant surprises as you proceed.
  • Select an owner for the trademark. Sometimes the owner’s identity, but not always: An individual who does business through an LLC, for example, has the choice of applying in their own name or the LLC’s. By the same token, this might be a good time to establish an LLC, though, again, as an individual you can own and register your trademarks.
  • Identify the goods and/or services to be included in the application. Trademark rights are linked to specific goods and/or services: Use of a trademark in connection to garden plants does not generally give rise to rights over the same trademark in connection to, for example, cars. Goods and services are classified into 45 classes. USPTO filing fees are determined according to the number of classes listed on the application. There are several resources for determining the right trademark class, including the Trademark ID Manual, which also lists goods and services descriptions that have been approved by USPTO. You can customize descriptions, but will need to pay higher filing fees when registering your trademarks.
    • NOTE that some cannabis-related goods and services are not eligible for federal trademark protection, on account of their unlawfulness under federal law. Registering your trademarks at the state level might be an option, which brings with it certain other benefits, including lower costs and shorter processing times.
  • Complete the application for registration of your trademark, providing basic information about the owner, trademark, and goods and services, including specimens and dates of first use, in the case of trademarks already in use. In the case of logos and other marks with graphic elements (such as stylized versions of words), an image that meets USPTO’s size and pixel requirements must be uploaded.
    • Applications to register trademarks not currently in use can be filed (intent-to-use basis), but registration itself can only take place after the trademark is used. See Cannabis Trademarks: Don’t Forget the Basics! for more information.
    • Note that an application cover only one trademark. If you want to register, for example, both your company name and logo, registering your trademarks will require two separate applications to be filed.
  • Pay the fee and submit. For applications using pre-approved goods and services descriptions, the fee is $250 per trademark class. For applications using customized goods and services descriptions, the fee is $350 per trademark class.
  • It is taking USPTO 9-10 months to conduct its examination of applications. If there are no issues, the mark will be published for opposition, giving others 30 days to oppose your registration. If no opposition is filed within those 30 days, registration of your trademark will follow, generally within two months of the end of the opposition period.
  • If there are issues that need to be addressed, such as problems with the goods and/or services descriptions, or likelihood of confusion with other trademarks, USPTO will issue an office action, normally giving you three months to respond. Should the issue be addressed successfully and the USPTO objections are overcome, the trademark will proceed to publication (see above).
  • Once the mark is registered, you are done for five years, when you will need to present a Declaration of Use. The registration needs to be renewed every ten years, with a Declaration of Use accompanying the renewal.

Registering your trademarks with USPTO is an essential move to safeguarding your brand. In turn, properly following the application steps outlined above is critical, to increase the chances of a successful application. To avoid delays, be sure to seek expert advice if you are unsure about a part of the process.



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Why is Volkswagen Interested in Hemp? Auto Manufacturers Turn Their Attention to Industrial Hemp

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The history of human use and consumption of hemp is long and colorful.


As early as 2800 BCE, ancient Chinese were already using hemp to manufacture textiles, durable fabrics, and fibers which were used for fishing nets, ropes, and clothing. It was also used for European sailcloth, paper, food, medicine, and so much more. Unfortunately, along with modern economies and the advancement of technology, we began using hemp far less.


However, politics is one of the biggest reasons why. The Marijuana Tax Act of 1937 and the Controlled Substances Act of 1970, specifically, as well as the War on Drugs, promoted negative associations with marijuana. Even its non-psychoactive cousin, hemp, was affected.

That said, we’re seeing a rise again in the popularity of hemp. People are now rediscovering an underrated material that was once highly prized for its durability – plus, it’s so much more environmentally-friendly compared to cotton and other synthetic fabrics like nylon. We’re now seeing incredible modern uses of hemp such as hempcrete, hemp plastic, biofuel, nanomaterials, insulation, and even batteries.

 

Now, even the legendary German car brand, Volkswagen, is seeing the value of using hemp.

 

Partnership With Revoltech GmbH

 

Volkswagen announced in a press release that they had just engaged into a partnership with Revoltech GmbH, a German start-up that manufactures sustainable and high-quality textiles that is entirely created with hemp residue. Since the products are made from by-products, it’s easy on the environment and can even be recycled again after it’s reached the end of its life cycle.


This fabric will be going into Volkswagen vehicles as a replacement for faux leather. Compared to faux leather, hemp byproducts contain a high cellulose level which makes it stronger while retaining a light weight. However, Volkswagen isn’t the first car brand to do so: Back in 1941, Henry Ford famously built a vehicle entirely out of plastic derived from hemp, as well as other plant material. The vehicle, Model T, was comprised of bioplastic made from hemp, wheat, flax, and even spruce pulp. As a result, this innovative vehicle was even lighter than fiberglass yet was 10 times stronger than steel!

 

Thanks to the new partnership between Volkswagen and Revoltech GmbH, we can look forward to revolutionary materials instead of faux leather in future vehicle models. They are working on all-natural material known as LOVR™ (leather-free, oil-free, vegan and residue-based) which will serve as a surface material created specifically for use in automobiles.

 

The hemp will be sourced from hemp fields around the region, and it’s entirely composable and recyclable too.

“In our search for new materials, we are very open to new ideas from many different industries. At Technical Development, we place a strong focus on innovative, creative and sustainable solutions for holistic, resource-saving vehicle development,” said Kai Grünitz, Volkswagen Brand Board Member for Technical Development.

 

We won’t be seeing the LOVR™ fabrics in Volkswagen’s cars until 2028. Until then, the companies will be working tirelessly on developing this incredible material.

 

Other Uses Of Hemp For Vehicles

 

More vehicle companies than ever are seeking out sustainable options for businesses and operations – and the automobile industry is one of them. Volkswagen isn’t one of the first, as you’ll read on later below.

 

In addition, both big and small companies are seeing the potential of hemp replacing plastic and other unsustainable materials previously used in operations. While Henry Ford had a vision that his bioplastic car would end up being much lighter, safer, and more affordable than other vehicles, World War II forced vehicle production to shut down abruptly. Unfortunately, Ford’s dreams of developing sustainable cars from bioplastics were never achieved but his dream is potentially being revisited in different iterations today.

Hemp-Reinforced Polypropylene

 

Aside from using hemp in place of faux leather, hemp fibers can also be used as a replacement for talc in car plastics. It’s used in a number of car parts such as drink holders, bumpers, panels, door trims, and much more. Heartland Industries has successfully produced hemp-reinforced polypropylene using plastic compounds that make it simpler for car companies to integrate it with existing products.

 

It’s good to note that hemp weighs approximately 80% lighter compared to calcium carbonate, glass fiber, and talc. As a result, using hemp-reinforced polypropylene can weigh as much as 60% less!

 

 

Luxury Brands Already Use Hemp

 

Many of the biggest luxury names in the car industry have already adopted hemp-based materials in their vehicles. Back in 2013, BMW began using hemp in their revolutionary electric car, the BMW i3. Hemp was designed into the car’s interior panels, which saved the car 350 kilograms.

 

Meanwhile, recently, Porsche unveiled their 718 Cayman GT4 Clubsport, a sustainable race car with an impressive array of hemp-based features. They used hemp instead of traditional carbon fibers for their car doors, which is considered a bold move for Porsche or the industry as a whole. It’s good to note that hemp is also famous for its insulating properties, which contributes to overall comfort when riding in vehicles. Passengers can expect quieter, smoother rides without energy-consuming cooling or heating systems that most cars today are reliant on.

 

Conclusion

 

When it comes to the potential of hemp for the automobile industry, we’re only in the beginning. We can expect to see a large number of revolutionary developments in the near future, using hemp and hemp-based composites not just in automobile manufacture but even in fuel. There are many exciting developments for hemp in this field!

 

MORE ON HEMP CARS AND CAR PARTS, READ ON…

HEMP BATTERIES FOR ELECTRIC CARS

ARE HEMP BATTERIES THE FUTURE OF ELECTRIC CARS?

 



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The Wild West of Weed – California Bans All Hemp-Derived THC Products and Cheech and Chong Sue!

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On September 23, 2024, California Governor Gavin Newsom’s emergency ban on hemp-derived THC products officially came into effect, marking a significant shift in the state’s approach to cannabis regulation. This decision has stirred a whirlwind of reactions from various stakeholders, including industry leaders, investors, medical patients, and advocates for cannabis reform.



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Join us this Weekend at the Oregon Coast! NW Cannabis and Psychedelics Law Conference

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We are headed out to beautiful Cannon Beach, Oregon again this weekend for the Sixth Annual Northwest Cannabis and Psychedelics Law Conference.

Harris Sliwoski attorneys Matt Goldberg and Vince Sliwoski will attend the conference in person this year. Nicole Gossett-Roxbury and Jesse Mondry plan to attend remotely. The event kicks off tomorrow with a welcome reception sponsored by Harris Sliwoski LLP.

To view the program brochure, including the full schedule of events and presentations, please go here. For any last-minute takers, we were just told that registration remains open through Thursday, September 26, at 12pm PT. The sign-up link is here!

We look forward to connecting with friends and colleagues — especially with the weather report looking so great in Cannon Beach. See you all soon.



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