Can Cannabis Related Trademarks be Protected in Michigan?

With the state of Michigan reversing its stance on dispensaries closing up shop to obtain proper state licensing due to previous backlash from patients and shop owners, there is now a growing number of cannabis-related businesses looking at ways they can differentiate their brand from their competitors.

Besides investing in the initial process of individualizing marijana brands in terms of quality, credibility and recognition, it’s becoming more common for dispensaries to look into protecting their brand name by registering a trademark with the U.S. Patent and Trademark Office (USPTO).

Since the licensing and registration process should not be taken lightly by many marijuana brands, a big concern for many dispensaries is whether or not their cannabis-related trademarks can be protected or not, and what actions they can take to get around this.

The USPTO currently doesn’t grant federal trademark registrations to marijuana brands because of the U.S. Trademark Act, which states that in order to be eligible for federal trademark protection, a mark must be lawfully used on goods or services in interstate commerce. This prerequisite legally prevents any registration of cannabis-related trademark applicants from registering because the U.S. Controlled Substance Act (CSA) classifies marijuana as a Schedule I illegal substance that is unlawful to buy, sell or even posses, making it harder for cannabis businesses to show that their goods are lawfully used in commerce.

Although the CSA makes protecting your brand under trademark law sort of an ambiguous process, it’s not out of question for cannabis businesses to still get around protecting their brand. Recently, Daniel H. Bliss of Howard & Howard wrote an article for International Lawyers Network IP Insider stating that if you’re doing business in Michigan, Washington, Oregon or Colorado, you should file a state trademark registration and obtain your registration on a state level.

Only a few states currently allow trademark registrations for cannabis-related goods, but Michigan is one of them, so dispensaries around the state can maximize the likelihood of protecting their brand since it can be registered on a state level. Obtaining these state registrations will not only provide dispensary brand owners in Michigan with help in preventing infringement, but it will also make the registration process easier.