Kathryn Dalli, a partner with the firm, was featured in Long Island Business News’ special issue, “Who’s Who in Intellectual Property & Labor Law.” Ms. Dalli said that there will be a significant focus on trademarks for the cannabis industry going into 2020.
“Because cannabis is not legal federally, companies selling cannabis products cannot obtain federal trademark registration in the U.S. Patent & Trademark Office,” she said. “Currently, only state trademark protection of their marks in states where marijuana is legal for recreational or medicinal purposes can be obtained.”
“In 2018, hemp was removed from the definition of marijuana in the Controlled Substances Act,” Dalli noted. As a result, some hemp-based products are being approved for federal trademark protection. Products derived from cannabis with a very low THC concentration will be allowed.”