To read more on Crowdfunding,
Check out last month's article titled "Crowdfunding in the MJ Sector"
January 2018 CI Mag
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In addition, a trademark owner can develop common law trademark rights in the markets where the products or services are sold even absent state or federal registration. Further, a trademark can be federally registered for any goods or services for which it is lawfully used, e.g., hair, skin care and food products that include hemp derived CBD, smoking accessories, apparel, cultivation tools and products, or a dispensary search service like WEEDMAPS®. For example, Roor International has obtained U.S. Registration No. 3675839 for its well-known ROOR logo (shown below) for glass pipes, bongs and water pipes.
Sometimes entities seek federal registrations for marks by "finessing" the unlawful nature of the use in a description submitted to the trademark office to avoid detection, e.g., by describing edibles merely as food products. However, even if a registration issues, the underlying use is still not "lawful" and, for that reason, the registration will ultimately be vulnerable to attack and cancellation for lack of lawful use.
When conducting due diligence of a target company’s trademarks, one should look at a variety of issues, including the following:
•What are the key trademarks and for what goods and in what countries are they used or contemplated to be used?
•What is the key trade dress (if any)?
•Where, geographically, are the trademarks used?
•Are the trademarks (and trade dress) covered by any state or federal registrations?
•Are the trademarks (and trade dress) covered by any international registrations?
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