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 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 one of the existing classifications offered by the United States Patent and Trademark Office (“USPTO”).*
- Don’t file a trademark application for cannabis or cannabis related products if you are not already using the mark in commerce within California. Your application will be denied.
- Don’t file until you are certain that your list of goods and/or services fall under the USPTO’s existing classifications.*
*Although, the California Secretary of State guidelines specify that goods/and or services must fall under USPTO’s existing classifications, California also has their own set of classifications where cannabis and cannabis-related goods and/or services can further be sorted into. Therefore, it is strongly encouraged that you discuss these classifications with an attorney.
Filing times for California state trademark applications have been averaging under three (3) business days after filing and it is not uncommon to receive confirmation within twenty-four (24) hours after filing.
If you or your company are considering filing a California trademark application(s) for cannabis or cannabis-related products, The Myers Law Group can provide you with assistance through the entire process.
California is not the only state that allows trademark protection for cannabis and cannabis-related trademarks. In fact, twenty-four (24) states clearly allow for such registrations in some form or another and twenty-one (21) states may allow such registrations. The Myers Law Group can provide consultation and assistance with filing in all of these states.