Total Credits: 1 including 1 General
Tags: Trending Topics
Yes, we can! And we need to.
Cannabis has taken the trademark community by storm because well...none of us know what is going on!
It's legal in some states but still illegal federally...so how do we handle clients who want to get into this industry and protect their marks?
Not sure if this is right for you? Learn more below!
This class covers key considerations when working with clients associated with the growing cannabis industry, including the interplay between state and federal laws, USPTO registrations, treatment for hemp and cannabidiol (CBD) products, ethical considerations, and more.
I. Overview of state vs. federal issues
-Heavily regulated and licensed
2. USPTO issues
-Controlled Substances Act (CSA)
Food, Drug & Cosmetic Act (FDCA)
-Recent Office Actions from USPTO
-Interstate commerce issues
-Identification of good/services
-Possible workarounds to obtain federal protections + examples of successful arguments/registrations
3. States where cannabis trademarks have been registered
4. Treatment of cannabidiol (CBD) and hemp products
5. Infringement and enforcement issues
-Competing businesses in different states
-Likelihood of confusion with marks in non-cannabis industries
6. TTAB rulings
7. International protection: Canada and other countries
8. Agreements, licenses, and trade secrets
9. Ethical considerations
-Retainer agreements / disclaimers
10. Q&A session
Reviews:
"Trademark lawyers will inevitably face issues regarding cannabis-related marks either on the registration or enforcement side. This course provides an excellent overview of the interplay between federal and state law." – Jeanne Seewald
“You guys are TRULY amazing. I have zero qualms about giving you all of my money. Your classes, your guides, your quick answers on FB…all make me a better and more confident attorney. THANK YOU!!! – Anonymous
“Thanks to you and Erik for creating and providing great content!” – Xavier Hailey
“Sonia and Erik are both trademark experts and great personalities who make their courses exciting." – Tony Booker
| Can We Talk About CANnabis-Slides (263.7 KB) | Available after Purchase | ||
Sonia Lakhany is the founder of the award-winning law firm Lakhany Law, PC and has been filing trademarks for almost a decade. She is considered a national expert in her field, as her work has been recognized and featured by numerous media outlets such as Bloomberg, Entrepreneur Magazine, Glamour Magazine, Business News Daily, and CBS.
Erik is all about energy, when he’s representing clients; speaking at a conference; teaching trademarks at Georgetown University; or leading the trademark clinic at Howard University, where for four years he guided students working with pro bono clients. Through it all, Erik draws on his superpower – the ability to distill complex legal principles and procedures into digestible, understandable, and actionable concepts. Erik’s talent for clarity allows him to not only paint a clear picture of the why, but also the what’s next as he explains options and possible paths forward for clients as they build and grow successful brands.
After cutting his teeth as a trademark examiner for the USPTO, Erik has, in the years since, grown his trademark law practice with the enduring ideals of customer service and affordability. Today, with more than 4,000 client trademark registrations to his name, as a published author, creator of an app for trademark practitioners, and host of the “Tricks of the Trade(mark)” podcast, you won’t find anyone else who will care brands and trademarks as passionately as he does.
Erik lives in Falls Church, Virginia, where he also provides pro bono work for veteran-owned businesses.
