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Cannabis Intellectual Property

The cannabis intellectual property attorneys at McReynolds Vardanyan, LLP have years of experience representing recreational and medicinal cannabis product companies in Southern California. We help manufacturers, cultivators, growers, and distributors build and expand cannabis enterprises, assisting with all aspects of a cannabis business from formation to licensing to regulatory compliance. The cannabis industry is growing, and the legal framework is constantly shifting, requiring savvy, cutting-edge legal know-how to navigate.

If you are creating, managing, or expanding a cannabis business in California, you need to protect your intellectual property rights. Copyright, trademark, trade secrets, and patent protection are essential to business development, ensuring that your products, your brand, and your inside business information are protected. Because cannabis remains unlawful under federal law, obtaining intellectual property protection can be a particular challenge. A Los Angeles cannabis business lawyer at McReynolds Vardanyan, LLP in Glendale has the legal knowledge and business savvy to guide you through the complex legal issues surrounding cannabis enterprises in California.

Can You Register Intellectual Property for Cannabis Products?

Marijuana remains a Schedule I controlled substance under federal law. Many intellectual property protections are registered and enforced under federal law. Federal law tends not to favor the protection of illegal activities; it’s the same reason that banking with a federally-insured bank is difficult for cannabis enterprises. How do cannabis businesses protect their intellectual property?

First of all, thankfully, marijuana’s unlawful status does not prohibit patent registration with the federal Patent and Trademark Office (PTO). There are plenty of registered patents concerning marijuana plants, growing and smoking apparatuses, extraction and processing methods, and others. Our cannabis IP lawyers can help you register your proprietary products, process, or method and protect your hard work and ingenuity.

Likewise, federal copyright and trade secret protection are available regardless of marijuana’s legality. We strongly advise registering your copyrighted materials in order to protect your brand. You are entitled to protect corporate trade secrets as well.

Federal trademark law is less friendly. Trademarks can only be registered for “lawful” uses, which, according to the PTO, does exclude the cannabis industry for the moment. Thankfully, California offers state-level trademark protection for cannabis products and services. The IP rights may only be enforceable within California (and other states with similar protections), but that is more than enough for many cannabis businesses. Moreover, there is some overlap between copyright and trademark protection. A savvy cannabis IP lawyer can help you obtain the maximum protection available for your IP.

Full-Service Cannabis IP Protection

The cannabis IP legal team at McReynolds Vardanyan represents cannabis enterprises with all manner of intellectual property issues. We’ll help you get protection for your intellectual property, protect your IP when challenged, and ensure that competitors do not take advantage of your hard work. Our cannabis business and IP lawyers provide a range of services, including:

  • Trademark registration
  • Trademark defense and enforcement
  • Copyright registration
  • Copyright defense and enforcement
  • Patent registration and protection
  • Patent prosecution
  • Litigating trade secret disputes
  • Drafting and enforcing NDAs
  • Registering domain names and fielding disputes
  • IP asset review and diligence 

Our Cannabis Business Lawyers are Ready to Help You Protect Your Intellectual Property

If you are working to get your budding business off the ground, there are several important steps to take and issues to keep in mind. A cannabis business attorney can help you manage all of the usual startup and business management issues, along with the special wrinkles created by the cannabis industry. Talk to a knowledgeable cannabis intellectual property and marijuana business law attorney at McReynolds Vardanyan, LLP for help with cannabis law issues in Los Angeles or Southern California. Call our Glendale cannabis business law firm today at 818-855-2115 for advice and assistance. Our Southern California cannabis business lawyers are available 24/7 and ready to help you build out your cannabis enterprise effectively, efficiently, and legally.

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