Can you own a hemp strain? The sticky difference between names and trademarks ~ Cannabis News

A common misconception about trademarks is that they are “names” that one can own after submitting an application for one.

This is wrong for two reasons. First, the name of a product by definition cannot serve as a trademark: a trademark must distinguish a product from other products as to its origin, and it cannot merely describe the product itself.

Second, trademark rights arise immediately upon use of a trademark; they do not arise upon the granting of an application.

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Danny Zlatnik ~ Cannabusiness.law ~