5 reasons your cannabis brand should be trademarked

Trademarking a brand or product grants you and your creative property extra protections in a rapidly emerging industry.

The cannabis industry in Oklahoma and throughout the country demands differentiation. It’s a marketplace where many common ideas and products compete. Because of that, a cannabis business’ brand identity can be one of the most important assets to protect. A registered trademark is an excellent tool to accomplish that end.

Trademarks can be a word, name, symbol, design or any combination and are used in commerce to identify or distinguish one entity’s identity or goods from another. Think Air Jordan and the Jumpman logo. Trademarks help you get specific about your business, make distinctive choices and protect your creative and intellectual property.

Here are the five main reasons every cannabis business should explore trademarking from the outset:

1. Trademarks grant you and your creative property extra protections in a rapidly emerging industry

There are over 11,000 licensed cannabis businesses in Oklahoma. Trademarking your brand secures your identity in a crowded market which protects your reputation and ensures your brand will forever be distinguishable from competing businesses in the eyes of cannabis consumers. Trademarks can protect you from someone taking your creative or intellectual property and using its likeness for their own benefit. Without a trademark in place, you are exposed to the possibility of someone liking your ideas so much they trademark them out from underneath you.

2. Checking registered Trademarks Help you to avoid infringement claims and rebranding

Registering a trademark at the outset of your business development process has an added benefit of running checks on existing trademarks to ensure you won’t be the subject of any unexpected infringement allegations. Imagine being in a critical growth stage with your cannabis business and receiving a cease and desist that causes you to have to rebrand everything. It happens, and as the industry continues to expand will become even more common. Registering a trademark helps you avoid the trouble.

Note also, global brands have their eye out for cannabis copycats and have recently won trademark lawsuits for the illegal use of their likeness. Be original and distinctive with your business and brand to avoid infringement allegations.

3. Trademarks give you exclusive rights in the market

A trademark gives you true ownership of your brand or product. It grants you the exclusive right to use the mark without exception. This element protect you as well as the people who consume your products by saving them from any possible confusion in the marketplace. This is critical in the cannabis industry, especially if you have worked intentionally to separate yourself from the pack.

4. Trademarks allow you to take legal action in the case of infringement

A trademark registration validates your exclusivity of ownership and can act as evidence in a civil suit against any entity that infringes upon your rights. Without a trademark registration, you don’t have an infringement case and whatever damages your business incurs as a result of being imitated cannot be recovered.

5. Trademarks add value to your brand

A trademark can be a financial asset and will appreciate in value alongside your business as it grows. Additionally, if you’re looking for investors, a trademark may go further to show them you’re serious about protecting your assets—that they are worth protecting and are you are taking steps to reduce operational risks. Trademarks are a symbol you believe in what you’re doing to everyone who interacts with your brand.

What all will your trademark apply to?

Federal USPTO registration is required to secure your rights nationally, but cannabis businesses are currently limited in their ability to register by continued federal prohibition. Cannabis businesses can file for a state trademark in Oklahoma, but it is important to note they do not extend your exclusivity rights to other states.

When filing a state trademark in Oklahoma you are prompted to select classifications for your trademark to apply to. You can select as many or as few as you wish, and they range from “smokers articles” to clothing, food and stickers. Your brand or product will only receive the benefits and protections of the trademark for the selected classifications and the Secretary of State filing fee for each is $50. In that sense, it’s up to you what all your trademark will apply to in the state of Oklahoma. The attorneys at Gies Law Firm can advise you on what makes most sense for your vision and within the industry.

Where trademark law and cannabis law intersect has the potential to become incredibly congested in the coming years with federal reform looming and the industry as a whole garnishing more national attention that increases infringement exposure. Trademarking your business buys you long-term protections and peace of mind that what you’re building with your business is yours.

At Gies Law Firm, we are guiding clients through the complex start up process cannabis businesses face every day and helping secure their future success. If you need help with trademarking your business or find yourself needing legal representation for an infringement claim, contact us today.