Ohio Says Yes to Cannabis. Now What? (Part 3)

Date: Thursday, March 14, 2024
Time: 1:00 a.m. - 2:00 p.m. ET
Location: Virtual
Contact: Jenn Klein, jklein@ohiochemistry.org

A company’s intellectual property may be among its most valuable assets. It creates first-mover advantages, helps to differentiate products, and can provide protections against competitors. And while the U.S. Farm Bill and OH’s Question 2 opened many doors for cannabis companies to operate, one may still remain closed; or at least ajar; securing trademark or patent protection from the United States Patent and Trademark Office (USPTO). So, cannabis companies continue to operate in "Illegal Use" Gray Areas, especially when it comes to dealing with the USPTO. The USPTO and its adjudicative arm – the Trademark Trial and Appeal Board (TTAB) – remain an impediment to cannabis companies seeking federal trademark protection for both cannabis goods that remain illegal under Federal law, as well as paraphernalia used in connection with those goods. 

Thompson Hine IP Partner Carrie Shufflebarger and Senior Managing Associate Clint King will provide an overview of the existing laws, and discuss what how the changing landscape – both of the federal and state level, impacts cannabis and like emerging industries companies.

They will address questions such as:

• What companies need to know when applying for a trademark or patent (USPTO guidelines)?
• Are cannabis trademarks or patents enforceable?
• What other methods that companies may explore to protect their intellectual property?
• What is important to know when it comes to packaging and labeling of products?
• How will the proposed Scheduling III impact the way a company can apply for a trademark or patent?
• How Question 2 impacts this whole conversation?