On January 1, 2020, the recreational use of marijuana will be
legal under Illinois law. With the formal enactment of the Cannabis Regulation and Tax Act, it is
expected that numerous new companies will be gearing up to enter
the Prairie State's burgeoning cannabis market. As with any new
business, one of the first things for owners to consider is the
company's brand, what it will be called and how best to protect
it from would-be infringers.
From an intellectual property standpoint, brand names are
typically classified as either trademarks or service marks. These
generally refer to any word, design, or combination thereof used in
connection with the sale of goods or services.
In choosing a new mark, it is generally advisable to conduct a
trademark clearance search. These searches, typically performed by
trademark attorneys, can help to reveal identical or confusingly
similar marks already in use by third-parties. If another business
is already using the mark the new
