Isaiah N. Brydie, Esq.
Brand Protection for Oklahoma Medical Marijuana
Trademark matters and brand protection must be handled differently by Oklahoma medical marijuana businesses than by any other industry in the country. Nearly all consumer-facing businesses have valuable brands, logos, trademarks or service mark terms they need to protect. A medical marijuana business is no different. Cannabis entrepreneurs need to protect the unique identities of their public facing brands.
However, nationwide trademark protections afforded to almost any other product do not work for Oklahoma medical marijuana businesses. Here’s why.
Medical marijuana is legal in Oklahoma under the OMMA but remains prohibited under federal statutes. To be register a trademark at the United States Patent and Trademark Office (USPTO), a federal-level agency, the applied-for mark must be used in connection with a “lawful business.” Thus, federal registrations for medical marijuana business trademarks can be refused due to the federal prohibition on marijuana use.
How Can I Protect a Medical Marijuana Business Brand?
Since certain avenues typically used for protection of valuable intellectual property may be closed to medical marijuana businesses in Oklahoma, how can a medical marijuana intellectual property attorney help your business protect its trademarks? A service providing non-lawyer instructions for filing an application with USPTO or an out-of-state firm is certainly not the route.
A medical marijuana attorney from OK Cannabis Law Office can advise you on options around state-level registrations, common law rights and protection, and creative solutions tailored to your business needs to ensure your valuable brand is not impacted by infringers. Call today to get help protecting one of your most valuable assets, your good name. Contact the an Oklahoma cannabis trademark lawyer at (918) 932-2879.
Other Intellectual Property Matters for Medical Marijuana in Oklahoma
Do you have inventions or unique, non-obvious processes or compounds you need to protect related to your business? Have you determined how to protect your trade secrets? Do you have software systems, customer management solutions or product tracking systems suitable for the cannabis industry you need to license, that you have developed on your own or seek to license to other businesses? In these ways and many more, intellectual property matters touch your business beyond issues of brand protection.