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Intellectual Property

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Intellectual Property

The intellectual property associated with your brand and products should be safeguarded. Any new or existing cannabis business should develop a plan to protect its name and products through strategic use of trademarks, copyrights, trade secrets and patents. Our acclaimed intellectual property attorneys stand ready to develop a business-focused intellectual property strategy with our clients, especially in light of the fast-changing and competitive nature of this industry. 

Trademarks

While there are limitations associated with federal trademark law due to the classification of marijuana as a Schedule I controlled substance, our attorneys are able to help you protect your brand through state level trademark law. In addition, our attorneys are able to guide you through the process of protecting the federally permissible aspects of your cannabis business, such as any marijuana-related paraphernalia or other ancillary products your business may own or develop. Finally, our attorneys may be able to protect any limited rights that you may have under common law against any potential infringers. 

Patents

Cannabis-based businesses, like any business, may seek protection for inventive products and services under applicable patent and trade secret laws. Our intellectual property attorneys are able to counsel you concerning any inventions you may have in the areas of cannabis and cannabis-related products and services. In addition, we can provide counsel on how best to avoid issues with the intellectual property of third parties when introducing new products and services, and also how to leverage your intellectual property rights through licensing, joint development and other intellectual property-related agreements. Our attorneys can further provide guidance concerning safeguarding and effectively protecting trade secrets by helping implement standard operating procedures and developing applicable legal agreements with employees, consultants and vendors. 

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