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 [...]

2021-10-13T15:37:12+00:00January 22nd, 2019|Tags: , , , , , , , |
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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 [...]

2021-10-13T15:37:39+00:00January 3rd, 2019|Tags: , , , , , , , |
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Can I Register a Service Mark for My Cannabis Business?

On behalf of The Myers Law Group posted in Trademarks on Tuesday, May 8, 2018. Cannabis business owners in California can now register their trademarks and protect their intellectual property rights. This is a welcome sign for those who provide cannabis-related goods or services in the state. With the passage of the Medical and Adult Use Cannabis Regulation and Safety Act (MAUCRSA) -- cannabis products became legal in California commerce. As a result, recreational use cannabis businesses have been growing like weeds (no pun intended) since January 1. Obtaining intellectual property protections Although the U.S. Patent and Trademark Office (USPTO) does not accept service mark applications [...]

2023-08-16T09:47:07+00:00May 8th, 2018|Tags: , |
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Don’t Believe Everything You Hear About Yeezy’s International War

On behalf of The Myers Law Group posted in Trademarks on Wednesday, April 11, 2018. Did you hear about the international battle between Kanye West and a Chinese company? Celebrity news websites TMZ and PEOPLE reported that the famous musician turned fashion designer was strapping on his "fightin' shoes" in order to go toe-to-toe with Fujian Baby Network Technology Co., a clothing company in China. West, who sells shoes and clothing under the name "Yeezy," was reported to have dropped the ball by failing to keep his trademark paperwork up-to-date. The news publications stated that the heated battle began when Fujian Baby swept in [...]

2022-11-03T16:23:32+00:00April 11th, 2018|Tags: , |
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Did you suffer losses when a counterfeiter copied your designs?

On behalf of The Myers Law Group posted in Intellectual Property on Monday, January 15, 2018. Every 90s sitcom, especially Seinfeld and Friends, made jokes about buying fake designer clothes and jewelry on street corners. It was enough to make you think that every corner of every major city had a table on it full of fake Prada handbags and Swiss-esque watches. Maybe there were bootleggers on every corner, and maybe there weren't, but when you read about 400 fake Air Jordan sneakers being ceased by the government, it really makes you wonder about the size of the counterfeit merchandise industry. If they had been real Nike shoes, their value [...]

2021-10-13T15:47:48+00:00January 15th, 2018|Tags: , |
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A clash of beer and intellectual property rights

On behalf of The Myers Law Group posted in Trademarks on Thursday, December 14, 2017. A recent legal step taken by Anheuser-Busch proves that someone in its legal department has a great sense of humor. Normally, when a small business copies a name from a large corporation, it can expect to be slapped with a nasty cease and desist -- "stop, or else!" -- letter from a corporate lawyer. When a small brewery in Minnesota released a new craft beer, the "Dilly Dilly" Mosaic Double IPA, on December 1, it got a response from Anheuser-Busch that had a lot of people laughing. Dilly dilly [...]

2023-07-12T14:43:21+00:00December 14th, 2017|Tags: |
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Doubling down in the fast food world

On behalf of The Myers Law Group posted in Trademarks on Monday, September 18, 2017. There is a trademark battle sizzling between two hamburger restaurants. On one side is In-N-Out, a long-standing and popular burger joint based in Newport Beach, California. On the other is the up-and-coming Smashburger company based in Denver, Colorado. The hamburger lawsuit This August, In-N-Out filed a lawsuit against Smashburger for trademark infringement. In-N-Out claims it has been using the trademark phrase DoubleDouble to describe its sandwiches since 1963. In 1966, it trademarked the phrase TripleTriple. In-N-Out also holds state and national trademarks for Double-Double, Triple Triple, and Quad Quad burgers, in addition to trademarks 2 x 2 and [...]

2021-10-13T16:24:22+00:00September 18th, 2017|Tags: , |
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Small time café sues Starbucks for trademark infringement

On behalf of The Myers Law Group posted in Trademarks on Friday, July 14, 2017. This is not a story about unicorns and rainbows, at least not the kind your children want. This is much more sinister than that. Did you try a limited edition Unicorn Frappuccino from Starbucks in April? If you did, you took a sip of an allegedly illegal drink. The birth of the Unicorn Latte Late last year, a small coffee shop in Brooklyn brewed the perfect drink to suit their health-conscious, hipster clientele. The colorful "Unicorn Latte" is not caffeinated but contains such healthy ingredients as ginger, lemon juice, [...]

2021-10-13T16:30:07+00:00July 14th, 2017|Tags: |
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What every business needs to know about trademark basics

On behalf of The Myers Law Group posted in Trademarks on Monday, June 13, 2016. If you run a business, you want your products or services to stand out to potential customers in order to maximize your sales and profits. Developing a trademark is one way that your business can accomplish this. Trademarks are protections for the name and marking a business will use for advertising and promotion. They are normally considered valid whether a trademark registration has occurred or not, but registering the mark with the Patent and Trademark Office (PTO) offers extra legal protection, especially if a conflict arises where one of your competitors [...]

2023-08-16T09:57:05+00:00June 13th, 2016|Tags: , , |
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