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Protecting your cannabis brand from imitation

On Behalf of | Mar 22, 2023 | branding opportunities

Laws in place in California now state that cannabis use is permitted both medically and for recreational use by adults. Subsequently, the cannabis industry has been booming in recent years. You tapped into this market and have formed your own company. You’ve followed all rules and regulations and now want to find ways to protect your brand. 

Something you will definitely want to consider is intellectual property protection. Outlined below are some of the key ways that you can protect your brand. 


On a federal level, it isn’t possible to protect your brand under trademark laws. Cannabis is still considered a controlled substance federally under the Controlled Substances Act (CSA)  and such materials cannot gain federal trademark protection. That being said, there are things that you can do on a state level

In California, it is possible to trademark your brand locally. This means that competitors in your area cannot imitate your branding, such as using your registered logos, copying your slogans or utilizing methods that have been proven to be unique to your company. 

For non-cannabis products 

Many cannabis businesses take advantage of selling merchandise to add further layers to the company. These are often referred to as “secondary products”. As they do not directly contain cannabis, it may be possible to gain federal trademark protection for them. You may also be able to protect your website and other services. 

The cannabis industry can be very profitable but the laws are complex, and branding is always a complicated process. To be safe, it’s best to seek legal guidance at every stage of the process.