Jamaica is making it easier for its small business owners and farmers to enter the cannabis industry. The Cannabis Licensing Authority of Jamaica (CLA) announced in late June that its special permit policy is in an advance stage of completion and consultations with interested parties have begun. The goal of the CLA is to lower industry barriers by granting a “low-cost” two-year cultivation permit to small farmers in order to help them transition to licensed…
It is no secret that the United States Patent and Trademark Office (USPTO) has taken a hard-line stance when it comes to cannabis-related trademarks, specifically when it comes to marks used in connection with the sale of cannabis products and drug paraphernalia. In order to register a trademark with the USPTO, an applicant must adhere to specific legal requirements contained in the federal Lanham Act, including lawful use of the applied-for mark in interstate commerce.
Given that the possession, distribution, and manufacture of cannabis remains illegal under federal law via the Controlled Substances Act (CSA), the lawful use in commerce requirement poses unique challenges to the cannabis industry.
As a result, cannabis attorneys have pursued federal trademark protections on behalf of cannabis clients through a variety of legal strategies, including securing federal trademark registrations for ancillary (non-plant-touching) products like hats, t-shirts, and smoker’s articles under the same brand name used to market the applicant’s cannabis products.
Another strategy involves the filing of an Intent to Use application, which requires the applicant to demonstrate use of the applied-for mark in commerce through the filing of a future addendum, which would theoretically require the applicant to delay registration until the end of federal prohibition, but could cause problems if a non-cannabis-related company applies for the same mark prior to a change in federal law, provided that company is making lawful use of the applied-for mark in interstate commerce.
Prior to the USPTO crackdown on cannabis-related trademark applications a few years ago, cannabis trademark attorneys could submit applications containing broad, ambiguous terminology and without any explicit or implicit reference to cannabis to avoid an initial refusal of the applied-for mark. However, the USPTO has made it abundantly clear that this strategy will not work anymore, as USPTO Examining Attorneys are quick to investigate any trademark application that may relate to cannabis, which can include a review of the applicant’s website or advertising materials found online.
Given the state of cannabis-related trademarks at the USPTO, it was hardly a surprise when I received an initial response from the USPTO Examining Attorney reviewing the federal trademark application submitted on behalf of a client, Cannaline, a company providing customized packaging solutions to the cannabis industry. The initial inquiry and statutory refusal was expected as with any other cannabis-related application, but especially given that the Examining Attorney who reviewed the file happens to be the same attorney that refused registration for a number of marks used in connection with drug paraphernalia, decisions that were ultimately upheld by the Trademark Trial and Appeal Board (TTAB) on final appeal.
However, it was certainly an exciting surprise to find that the initial refusal was withdrawn following the submission of a response on behalf of the client, as it is the first time the USPTO has issued a federal trademark used in connection with drug paraphernalia. While USPTO rules make clear that the issuance of a federal trademark for an applicant in one case does not mean that the USPTO will issue a trademark used in connection with drug paraphernalia as a matter of course moving forward, the first-of-its-kind federal trademark registration for drug paraphernalia is a welcome departure from the USPTO’s historical treatment of cannabis-related trademark applications.
I have provided a more expansive discussion of the various legal issues addressed in my response here in an effort to provide insight to curious legal practitioners and readers who want more information on this topic. However, the primary takeaway for readers with limited time or interest in the subject remains the same: the ability to secure federal trademarks used in connection with drug paraphernalia would generate significant benefits to the cannabis industry.
Schwazze Terminates Deals To Acquire Two Cannabis Businesses
Schwazze, formerly operating as Medicine Man Technologies Inc., said it has terminated the deals to acquire two marijuana businesses in Colorado due to key business and valuation issues.
The vertically-integrated cannabis company terminated the acquisition of Dabble Extracts, a cannabis concentrates company, and Los Sueños Farms, an outdoor and greenhouse cannabis cultivator.
Schwazze also provided a business update and shared the pro forma financial results reflecting its acquisition of Mesa Organics, which closed on April 20, 2020. The company noted that in its pro forma 2019 income statement, Mesa Organics was accretive to Schwazze by $0.09 per share.
Schwazze added it believes the business will continue to be accretive to its overall platform.
Schwazze noted that following the signing of Colorado House Bill Colorado 19-1090, it moved forward on the numerous term sheets with Colorado cannabis operators, and completed limited due diligence.
However, Schwazze added it identified key business and valuation issues throughout the merger and acquisition process. As a result, the company decided to no longer pursue the acquisitions of Dabble and Los Sueños Farms. But the company did not specify what the issues were.
“We know that continuing to focus on shareholder return is the right thing to do at this time. Our Board believes that it is in our best interest to build a differentiated business in Colorado,” said Justin Dye, Chairman and Chief Executive Officer of Schwazze….
Plan for medical marijuana dispensary next to Nantasket Beach leaves residents with mixed feelings
HULL, MASS. (WHDH) – A plan to build a medical marijuana dispensary next to Nantasket Beach is leaving Hull residents with some mixed feelings.
The facility, proposed for a long-abandoned building at the foot of Nantasket Beach, has residents of the town drawing lines in the sand.
“This proposal has been getting a lot of opinions,” Hull Board of Selectmen Chairwoman Jennifer Constable said. “It’s the gateway to the community.”
The “seed to sale” proposal by the local company Latitude 42 Therapeutics would grow and sell medical cannabis onsite.
Though not everyone is on board with their idea — some in the community have started an online petition arguing it is bad for the area.
“It’s a wonderful place, open to everybody,” Tricia Skoler who opposes the facility said. “It’s not the appropriate message that we want to give them.”
But residents in favor believe it would create local jobs and beautify a building that has been empty for more than a decade.
“It might actually make this section look nicer and a little less dated and rundown,” supporter Katie Barclay said. “A lot of Hull needs some updating and we need to move forward.”
The project designers released a statement reading:
“This site is in need of significant investment and for nearly 20 years has sat without benefit or purpose for our residents and town. Our vertically integrated medical cannabis research, development and care facility will bring the revenues…
Jamaica to Help Small Farmers Enter the Cannabis Industry
DIY Glass Submarine with Lego and Neodymium Magnets
Wizard by Pearlson Announced as Sponsor for TFT Championship in Brazil
Iron Man VR Hits #2 In Weekly UK Physical Games Chart
The official Valorant windbreaker costs $120 but comes with a six month wait
Altcoins Boosted by Bitcoin Dominance Falling to 10-Week Low
Microsoft? AWS? Nein und nein. Deutsche Bank signs up with Google Cloud for its latest crack at digital transformation
There are Ethereum scammers attempting to impersonate top DeFi projects
IoT Business Models: What You Need to Know
League’s free champ rotation: July 7
A look at Fairspin Crypto Casino
Litecoin in a Brief Surge, Setting up for a Potential Relief Rally
Mylan gets license for remdesivir in India
Meet: Modest Tree
Hyper Scape patch notes for July 6 nerfs weapons
BIG Clan tops HLTV’s CS:GO world rankings for the first time
Crypto Trading Volume Plummeted in June as Prices Stabilized
DeFi Exchange Uniswap Is Being Swarmed With Scam Tokens
Evening Reading – July 6, 2020
Designing 3D Printed Enclosures for KiCad PCBs
Ripple Recovers from Downtrend and Rebounds, Uptrend Likely After Holding Bottom
Automotive6 days ago
Variables Complicate Safety-Critical Device Verification
Blockchain1 week ago
Bitcoin Solves This: $2.8 Billion Worth of Gold Counterfeited by Chinese Company from Wuhan
Blockchain1 week ago
ABA Global Signed Strategic Partnership with GCOX
Gaming5 days ago
Fortnite Floating Rings Locations: Where To Collect Rings At Lazy Lake
Business Insider3 days ago
A 17-year-old entrepreneur made nearly $500,000 reselling sneakers during a quarantine. Here’s a look inside his pandemic-proof business model.
AI7 days ago
This Tiny House Is 3D Printed, Floats, and Will Last Over 100 Years
Gaming1 week ago
Rat King – The Last of Us Part 2
Gaming6 days ago
Nier Creator’s New Game SinoAlice Is Out Now