How Strong Is Your Cannabis Trademark?

Understanding Trademark Strength

We frequently discuss the cannabis-specific challenges that brands face when seeking trademark protection. But it's just as important not to lose sight of the core trademark principles that apply to all businesses—especially the need for a strong, distinctive mark.

Clients often approach us with catchy, creative names that, unfortunately, are (or are likely to be) ineligible for trademark protection. That's because not all trademarks are created equal. There is a spectrum of distinctiveness, and where a mark falls on that spectrum determines both its legal protectability and its effectiveness as a brand.

In general, the more distinctive the mark, the stronger it is in identifying the source of goods or services—and the broader the legal protection it can receive. Conversely, a mark that lacks distinctiveness or is similar to others in the market will be considered weak.