Transcript: Marijuana and trademarks. Typically, marijuana trademark applications are not registrable with the USPTO because they're under Schedule 1 controlled substance. Now there are current proposals by Attorney General Merrick Garland to transfer and reclassify marijuana from Schedule 1 to Schedule 3, which makes the whole trademark application for marijuana products allowable.
Currently there are limitations on what products can be actually registrable the limiting description of goods and services is as follows "that product itself contains CBD solely derived from hemp with a delta-9 THC content of less than 0. 3 percent on a dry weight basis."
That's required and it has to be factually accurate in order for the application to reach registration and this is typically for any ingestible items either dietary supplements or beverages
Reclassifying it From Schedule 1 to Schedule 3 may change all of that and maybe may allow marijuana products to be registerable.
Growing Trend: Naming Your Logo
"Similar to Nike’s ‘Swoosh,’ Bombardier’s new logo, dubbed ‘Mach,’ is a kind of branding for branding."Name Branding Logos
BUSINESS TIPS AND TRICKS
This is Week 15 and Chapter 15 of our 20-part Atomic Habits by James Clear weekly read through! Get the book and join us every week!
Transcript: Hello! Welcome to week 15 and chapter 15 and James Clear's Atomic Habits. In this chapter, we actually go into a new section: The Fourth Law, which is make it satisfying. In chapter 15, the title is The Cardinal Rule of Behavior Change. James Clear makes an interesting point about how we as human beings are wired for immediate gratification.
Delay gratification is something very new and it's something that we need to practice for us to actually reap benefits from delayed gratification. The cardinal rule of behavior change is: What is rewarded is repeated and what is punished is avoided. This situation, when we receive an immediate gratification, we tend to consistently do that.
While when you're eating a couple of chips, why not eat, finish the whole bag. The reason is that the punishment doesn't happen for a while. It's a delayed punishment. Everything we do now offers immediate feedback or immediate gratification tends to be bad for us in the long run. Conversely, everything that we offer a delayed gratification tends to be better for us in the long run.
For example, saving money: Not spending and saving money for the long run. Not eating as much for losing weight. Working out now for a better fit future. What he recommends is to apply a immediate gratification to the things that you're doing now. That way you're programming your body to appreciate it. One example he gives is the chewing gum maker Wrigley.
He mentions that there were chewing gums in the past, but it was pretty bland. It was chewy, but it didn't taste much. Wrigley dominated the market by introducing flavors like Spearmint, mint into chewing gum and making it satisfying. Similarly for toothpaste. For a while, it was pretty bland. There was no satisfying element to it like flossing.
When toothpaste companies start introducing flavors, that's when it started taking off. It made the, the act of brushing your teeth satisfying. If you want to make a good habit permanent, introduce an immediate satisfaction to it. That way you will come and keep repeating that good habit. That's it for week 15, chapter 15.
See you next week for week 16, chapter 16. Have a great day If you would like to follow along with the series, here is our Atomic Habits by James Clear playlist: Thank you for being a part of our community, and we look forward to helping you safeguard your brand's identity and thrive in the world of trademarks!
Warm regards, J.J. Lee and the Trademark Lawyer Law Firm Team!
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Suspensions are when your application is on hold. There are various reasons a trademark application can be suspended. However “likelihood of confusion” with prior application(s) filed and submission of foreign application are the most common reasons the USPTO may suspend an application. During a trademark suspension period, your lawyer will provide guidance on the next steps and whether it might be best to file an argument or pursue a coexistence agreement.
What are Disclaimers for Trademarks?
A disclaimer usually refers to a statement which indicates that you are not claiming exclusive rights to use the word(s) or a design element in your trademark application. A disclaimer allows for registration without creating a false impression of the registrant’s rights. A good example of this is disclaiming “café” if your services are for a café.
What is the Supplemental Registry?
If a trademark is not eligible for the Principal Registry, there is sometimes an option to register on the Supplemental Registry. In cases where the USPTO finds the trademark application is merely ornamental, merely descriptive, or primarily geographically descriptive, the USPTO may allow the application to be registered on the Supplemental Registry. However, over time, the mark may acquire distinctiveness and possibly become eligible for the Principal Registry.
What is the Date of First Use?
Two dates must be specified in a trademark application: Date of First Use Anywhere: The “anywhere” refers to use in the U.S. or elsewhere. This is the date the goods were first sold or transported, or the services were first rendered under the mark. The use must also have been bona fide and in the ordinary course of trade. Date of First Use in Commerce: This is the date when the goods were first sold or transported, or the services were first rendered under the mark in interstate or international commerce. The use of the mark must have been bona fide and in the ordinary course of trade.
What is the Renewal Timeframe for a Trademark?
The renewal timeframe for a trademark is between the 9th and 10th year anniversary of the trademark registration, and then in ten-year intervals. It is important to be aware that the USPTO also requires a registrant to provide an affidavit at the 5th and 6th years of ownership stating that the trademark is still being used in commerce. Failure to comply with the renewal timeframes or the affidavit requirements will result in the cancellation of the trademark registration.
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J.J. Lee
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Erin C. Bray
Trademark Attorney
Experienced Trademark Attorneys Committed to Protecting Your Brand
Founded by J.J. Lee, the Trademark Lawyer Law Firm, PLLC has successfully registered more than 6,500 trademarks with the USPTO. Dedicated to ensuring that your mark is protected from misuse or theft, our attorneys and staff work closely with clients, taking the time to understand the specific needs of their businesses. Professionally handling each matter with integrity, efficiency, and the personalized attention it deserves, you can rest assured that you have a team on your side who is committed to safeguarding your unique brand.
US poised to ease restrictions on marijuana in historic shift, but it’ll remain controlled substance
