Goods and services (G&S) identifications are a critical part of a cannabis trademark application, as with any other trademark application. An improper identification can delay an application, and in the worst cases prove fatal. Cannabis brands in particular have to be very careful when it comes to G&S.
Trademark rights are linked to specific goods and services (or, said differently, products). If my neighbor starts using the name Gina’s Lawns in connection with her lawn care business, she can establish trademark rights in that name in connection to lawn care services. Nothing prevents me from using the same name in connection to my own business selling, say, cell phone cases. Needless to say, it would be an odd choice for a cell phone case business, even if I wouldn’t be infringing on Gina’s trademark rights.
For cannabis brands, the key issue when it comes to identifying goods and services (and indeed trademark applications more generally) is the legality under federal law of the identified products. Simply put, under what is known as the lawful use requirement, USPTO will not register a trademark in connection to goods and services that are unlawful according to federal law. This includes marijuana, as defined
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