Americans for Safe Access (ASA) and the International Cannabis Bar Association (INCBA) are advocating United States Patent Trademark Office (USPTO)
cannabis industry trademark protections.
“Lack of trademark protections hurt patients, consumers, and companies,” ASA Executive Director Debbie Churgai said. “Patients rely on branding to identify product sources, safety, and consistency. Businesses rely on trademarks to curtail counterfeited products and ensure that customers know exactly what they are buying.”
The USPTO does not allow cannabis and certain hemp applications based on their interpretation of the “lawful use” requirement. Because the USPTO does not offer the same latitude to cannabis industry market participants, it has rendered trademark protections for nearly every cannabis-industry product unattainable.
In order to grant a trademark registration based on an intent-to-use application, an applicant must use the mark in lawful commerce within 36 months following allowance, the ASA and INCBA noted, but said the USPTO does not allow cannabis and certain hemp applications based on interpretation of the lawful use requirement.
“The lack of federal trademark protection in the United States for the cannabis sector has had and will continue to have disastrous effects for patients, consumers and the many responsible brand owners continuing to innovate in this fast-growing sector,” said Shabnam Malek, INCBA co-founder, former president, and board member. “The work ASA and INCBA have done will have impact far beyond a single trademark registration — if we are successful in moving the needle, much-needed protection for patients and consumers will soon follow.”
ASA and INCBA officials said it is time for federal agencies to reflect the values of the national legislature, state laws, and the domestic public stance on cannabis.
“We believe that it is time to allow the cannabis industry and our patients the same rights and protections as ‘traditional’ industries,” said James Gourley, appellate counsel for ASA and INCBA.