More on Medical Marijuana and Trademarks: Tips to Avoid Wasting your Money

It really amazes me how many have applied for trademarks – and have paid real money to do so – for products or services that include “medical marijuana” in their description. As of this search 258 applications (min price $275 x $70,950 in gov’t fees just for the application). Here is a list

1) Don’t joint the ranks of dead like the applicant for “BUBBA KUSH”:

Screen Shot 2015-01-27 at 9.57.10 AM The description of the goods flies directly in the face of the Controlled Substances Act and is a guaranteed rejection.

2) You could get lucky like BUBBA KUSH though and get your money back:

Screen Shot 2015-01-27 at 9.52.41 AMThis is what I would call LUCKY.

Screen Shot 2015-01-27 at 9.52.59 AM

3) The common rejection looks a lot like the argument raised in the letter that the goods and services cannot be lawfully used. After all, they violate Federal law.

4) If you go thru Legal Zoom to file your application, you aren’t going to get the advice on how to avoid the CSA. You might look for a lawyer who can give you this advice. For now, I’d suggest you look to state law registrations if you’re looking to register/brand/protect the actual product/extract/strain/delivery device/vaporizer for medical marijuana.