attorney brand branding

A Rose By Any Other Name.

Building brand loyalty should be a goal of any business. However, before a business can build brand loyalty, it has to have a brand. Before beginning our discussion on branding, let’s spend a moment speaking the same lingo. A brand is usually built around a trademark. A trademark can be a name, a logo, a color or a sound for example, something that inspires a consumer to think about a product originating from a particular business. The Feds won’t let you register a trademark for cannabis on the federal register because of its Schedule I status. However, most states where cannabis is legal will allow businesses to register a trademark on the state registry. Now that we are all using the same lingo, let’s get to the interesting stuff.

What Not to Do

The cannabis industry has been known for piggybacking on the trademarks of other brands. And, when cannabis started becoming legal, shoppers where able to find strains like: Dirty Sprite, Candyland, AC/DC, Trapitio, and Starbucks, to name a few. Boy were those brand owners mad- suing over trademark infringement. Not getting sued is a good reason to find your own, unique trademark. There are other reasons.

First, a trademark is an intangible asset having value. A strong, registered trademark will have more value than one that is not. A strong trademark is one that is creative and/or fanciful. Descriptive trademarks are not creative or fanciful. So, for example, “Seattle Canna” is not a strong trademark. Seattle is a geographic identifier and Canna describes the product. Really, do you need to use the word cannabis in your trademark? Be creative here.

One of my favorite canna trademarks belongs to Tumbleweed Farm a grower here in my home state of Washington.

This trademark is creative using the quintessential denotation for a useless weed, Tumbleweed, for something that brings pleasure and happiness.

Second, a business should not tie itself to another brand. What if that other brand has a public relations nightmare as we’ve seen happen periodically in 2017? Does your company really want to be associated with that?

What to Do

Register your trademark. Register your trademark. And, in case you didn’t hear me the first few times, register your trademark. Why is this important? A business having an unregistered trademark only has rights to that trademark in the region it sells products. A cannabis retailer contacted me recently about a store on the other side of the state using the same or similar trademark. Under common law, trademark rights within a certain territory are based on priority of use of a mark within that territory.

If you are like many in the cannabis industry, you are preparing for the day that its use becomes federally legalized. One strategy to protect your brand is to get copyright protection on your trademark; that’s right ladies and gentlemen, the US Copyright Office is not restricted by the same arcane laws the USPTO must function under.

As a Side Note

Any company who does not have hands on a cannabis plant may register their trademark at the USPTO. For example, a company selling a vaporizer, grow lights, fertilizer, etc., are selling legal products. Get your federal trademarks.

The post A Rose by Any Other Name appeared first on Cannabis Industry Journal.

Aaron Biros

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