Trademark Licensing in the Cannabis Industry: Legality, Disclosure, Diligence, and Key Provisions

Hemp products and services may now be eligible to trademark licensing and protection. However, many CBD products are still illegal at the federal level. While marijuana remains a Schedule I drug in many states, it is now legal in more. The legal status of cannabis can have a significant impact on trademarks. This could pose a problem for those who are not in compliance. The cannabis industry faces unique challenges due to the complex legal landscape.
Some license terms may require trademark owners to comply with state cannabis laws. This could include applying for a permit. Some states may require that a trademark licensor obtain a cannabis license. Other states may have mandatory requirements regarding disclosure of the trademark licensing arrangement. Counsel should be involved in understanding state law requirements. Licensors must be familiar with local and state cannabis regulations as part of due diligence. Like other types of license arrangements licensees must confirm that the licensor is the owner of the trademark rights and that there are no challenges to these rights.
Listen to our panel of IP attorneys Fred Rocafort and Harris Bricken Sliwoski LLP and Delfina Homen and Miller Nash LLP discuss the unique issues trademark owners and licensees must consider when licensing a mark to be used in connection with cannabis products. The panel will discuss legality, disclosure requirements, due diligence and key provisions, given the nature of cannabis products.
These and other important issues will be reviewed by the panel:
What are the key terms of a trademark license for cannabis products and what are their implications?
What are the unique issues that cannabis licenses have to face? What are the pitfalls to avoid?
What factors should be considered in order to minimize risk?
Bottom Line
This CLE webinar will provide guidance to IP counsel on the unique issues trademark owners and licensees must consider when licensing a trademark to be used in connection with cannabis products. The panel will discuss legality, disclosure requirements, due diligence and key provisions, in light of the nature and use of cannabis products in the cannabis sector. The panel will discuss best practices for licensing cannabis-related trademarks.