Filing a California Cannabis Trademark Application: Do’s and Don’ts

Filing a California Cannabis Trademark Application: Do’s and Don’ts On January 1, 2018, the State of California began allowing registration of cannabis and cannabis-related trademarks. However, registrations are limited to products and/or services that meet federal classifications. To guide you with the registration overview, look at the breakdown below of the do’s and don’ts for filing a successful California cannabis-related trademark application: DO’s: Do confirm that your company has the appropriate state license. Do make sure that your mark is lawfully in use in commerce within California Do review your list of goods and/or services and confirm they fit into [...]

Is Your Independent Contractor Really an Employee?

There have been disruptions in California barbershops, salons, tattoo shops, yoga studios, dance studios, and the like, after the recent California Supreme Court case, Dynamex Operations West, Inc. v. Superior Court of Los Angeles, reclassified who can work as an independent contractor. The court imposed a new test, known as the ABC test, which determines whether an individual is an independent contractor, and includes the following: whether the worker is free of the control and direction of the hiring entity in the performance of the work (under contract and in fact), whether the worker performs work that is outside the [...]

Filing Cannabis Trademarks: How The Farm Bill May Affect You

The President signed the “Farm Bill” into law on December 20, 2018.  The law provides important agricultural policies, including a change that involves the cannabis plant.  Below is a breakdown of the law and how it may affect companies that produce, process, or sell cannabis or cannabis-related products.   Hemp (Cannabis Sativa L) production, processing, and sale will be legalized with restrictions: The hemp cannot contain more than 0.3 percent THC (delta–9 tetrahydrocannabinol). Cultivators are required to obtain a license. Hemp farmers will be recognized as a farmer under the Federal Crop Insurance Act. Cannabidiol (CBD) will only be legal [...]