Trademarking Cannabis Products with IP lawyer Donna Tobin

Описание: In this podcast Darshan converse with IP lawyer Donna Tobin about the cannabis related trademark issues. In the initial segment she explained the basics of the field like IP management, used based trademark issues etc. Donna emphasised the importance of how the trademark is given to applicants where the prominence is given to various factors like its use, geographical limitation and product type. On being asked as to when does the rights of IP begin, she answered that that depends upon two scenarios. You can either file the application for trademark before or after the use of the product and the preferred mode is always the latter. Filing of the ™ after the use/launch of a product means that it has higher chance of registration. However prior to the launch of a product there is less chance of registration which is limited by inherent factors like limitation to a particular geographical area, bonafide intent of use of trademark, use etc. Discussion was also made regarding the conflict between federal and state legislation pertaining to use of recreational marijuana in light of Biden’s presidency. The mid segment of the podcast covered various aspects relating to intricate matters of trademark, how association is made to living people like Martha Stewart cannabis cookies and disparaging association of the same. The concluding segment covered the process of state registration and mechanism for registration of trademarks which was followed by a rapid fire round.

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Disclaimers:
1. This discussion is merely an oral discussion and should not be relied upon solely on its own to support any conclusion of law or fact.
2. The discussion does not and should not reflect any individual products status as safe, efficacious, adulterated, or misbranded or meeting or not meeting expectations at a local, state, federal, or international agency or organization.
3. The discussion should not be construed to be complete advice that is right for you and may not necessarily represent a specific product.
4. This discussion is provided for general educational purposes and should not be construed as legal advice, regulatory advice, or medical advice.
5. This does not create an attorney-client relationship.

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