As the United States inches closer to potential federal cannabis reform the implications for intellectual property in the marijuana industry are becoming a hot topic.
For cannabis operators, navigating the murky waters of IP protection has long been a challenge, and federal legalization or rescheduling could bring both opportunities and new complexities.
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“It’s important for brands to think about how they situate themselves for future changes in the law,” said Jabari Shaw, an attorney in the Vorys Cincinnati office who focuses on intellectual property development, protection and enforcement.
Cannabis remains a Schedule 1 substance under federal law, making it impossible to secure federal trademarks for cannabis-related products, although some companies have skirted this issue by registering their trademarks federally on apparel products.
This leaves
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