Hemp goods and services may now be eligible for trademark licensing and protection, though many CBD products remain unlawful at the federal level. Meanwhile, marijuana continues to be a Schedule I drug, but is legal in an increasing number of states. The legal status of cannabis impacts trademarks and may be problematic for those not in compliance. The complicated legal landscape poses unique issues for those in the cannabis industry.
Some license terms may require the trademark owner to comply with state cannabis laws, including applying for a cannabis permit. Some states may require a trademark licensor to have a cannabis license while other states may have mandatory requirements related the disclosure of the trademark license arrangement. It is important for counsel to be involved in understanding the requirements triggered under state law. As part of due diligence, licensors need to understand state and local cannabis regulations. As with other types of license arrangements, licensees should confirm the licensor owns the trademark rights, there are no challenges to those rights, and use of the mark.
Listen as our authoritative panel of IP attorneys Fred Rocafort, Harris Bricken Sliwoski LLP, and Delfina Homen, Miller Nash LLP, examine the unique issues that
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