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Cannabis and Intellectual Property

As an owner of a business in the cannabis industry, you’re aware of the rapid growth and competition in the newly legalized recreational cannabis market. You want to come out on top of all this competition; this is where a great trademark comes in. Building a successful cannabis brand can be challenging as there are many rules and regulations applied to the industry. Our professionals help budding businesses build, protect and defend their brand within the confines of the law. Our trademark agent, Bonnie Headley, has been working with clients in the medical cannabis industry for several years and since its legalization, has been working with clients in the recreational cannabis industry.

Our firm has advised clients engaged in:

  • Medical marijuana education and homedelivery
  • Cannabis-friendly leisure spaces
  • Cannabis-friendly rentals
  • Cannabis products and accessories
  • Cannabis edibles

Some of our past work includes:

  • Filing and prosecuting Canadian trademark applications for marks to be used in association with cannabis products and services
  • Filing and prosecuting US trademark applications for marks to be used in association with cannabis products and services
  • Conducting trademark availability searches and preparing availability opinions for proposed cannabis trademarks
  • Responding to trademark infringement allegations and accompanying demands from a multinational food delivery company with respect to a cannabis trademark

Our goal is to support businesses in the cannabis market by helping them navigate the laws and regulations which dictate much of their business activity in this industry – including how they brand and market their products. Securing a trademark registration for use in association with cannabis products today is not an indication that the trademark can legally be used with those goods. We help businesses makes sense of the strict limitations set forth in the legislation, avoid penalties, and maximize the benefits of their investment in this space. We can also help businesses apply for plant breeders’ rights to protect their novel plant strains and protect their other industry-related innovations through patents. Call us today.

Bonnie Headley is our key contact for businesses in the cannabis space.

Our cannabis law services include:

Rights acquisition

  • Applications for trademark registrations in Canada
  • Applications for trademark registrations in the US through a US trademark agent
  • Patent applications relating to cannabis innovations in Canada and in the US
  • Applications for plant breeders’ rights in new cannabis plant strains

Strategic consulting

  • Devising a trademark suitable for use and registration pursuant to the Cannabis Act and the Trademarks Act
  • Trademark availability searches and opinions
  • General compliance advice
  • Guidance with respect to packaging and marketing restrictions as they relate to trademarks

Prosecuting and defending infringement claims

  • Enforcement of intellectual property rights through cease and desist and demand letters
  • Responding to cease and desist and demand letters
  • Prosecuting and defending infringement claims in court