Welcome to drishti Law
Providing Trademarks, Copyrights & Other intellectual property legal services In Illinois
Illinois Cannabis Trademark Lawyer
Cannabis businesses face several legal complexities when setting out to register, protect, and license their brand as cannabis is still considered a controlled substance and therefore illegal under the Controlled Substances Act (CSA). Hence, it cannot be federally registered with the United States Patent and Trademark Office (USPTO). Due to these inconsistencies, business owners face challenges in registering their brands.
Our principal attorney at Drishti Law has registered numerous cannabis brands on the state and federal levels. He has considerable experience in the cannabis law. He has advised individuals and businesses on how to strategically bypass the hurdles the trademark law poses in order to protect their cannabis brand.
You have put significant effort into building your brand, so it’s only fair to acquire maximum intellectual property protection for it.
Legal Services of Our Illinois Cannabis Trademark Lawyer
Our principal cannabis trademark attorney in Illinois provides the following services to each of his clients, based on their individual needs.
However, before officially hiring the legal services of our attorney, we recommend seeking a one-on-one consultation with him to resolve your initial concerns and determine whether you need the services of an attorney or not. We understand that clients are apprehensive in their initial interaction with the lawyer therefore we provide free consultation on the first call to ease their minds. All you have to do is to book an appointment from the available slots and our attorney will reach out to you on the selected time and day.
Cannabis Brand Building and Protection
Our law firm is experienced in building cannabis brands from scratch and protecting its image, products, and services. Our support is extended to businesses of all types, whether they are start-ups or large-scale enterprises.
Cannabis Trademark Registration
Although the intellectual property law does not favor cannabis brands, our principal attorney in Illinois will provide you full support in securing your IP ownership over your brand so that it cannot be infringed. The process for registering with the USPTO is lengthy and time-consuming but our attorney knows how to navigate through these aspects.
Intellectual Property Licensing for Cannabis Products
At Drishti Law, we also provide licensing services to our clients. Our principal attorney also has experience with drafting licensing agreements which enables businesses to protect their IP as well as license your trademark on your specific terms and conditions.
Whether you intend to finalize royalty deals or charge licensing fees from third parties, you can rely on our attorney at Drishti Law.
Contract Drafting and Trade Negotiations
There are times when licensing your name to third parties is more lucrative and gives more financial return as compared to using the trademark solely for your brand. Such dealings require strategic and fool-proof agreements so that the third party utilizes the goodwill of your brand on your guidelines and conditions. Our attorney in Illinois can draft the license agreements as well as assist in the trade negotiations with shareholders, distributors, real estate professionals, and such.
Comprehensive Search for Trademark Clearance
Before filing the cannabis trademark application, it is important to know if the mark is eligible to be trademarked i.e. it is not already in use by another cannabis brand or has a confusingly similar appearance. Our principal cannabis attorney in Illinois conducts a comprehensive trademark search to ascertain if the intended mark of the client is available for usage and has not already been adopted by someone else.
Counselling Services
Trademark law has complex legal terminologies which can be better understood if one has knowledge of them. At Drishti Law, we can help you understand them and also keep you on board at every step of the application process.
Trade Secret Agreements for Cannabis Brands
Being a cannabis brand, you are bound to have manufacturing processes and procedures which you would want to keep confidential from the public. We can help you in protecting confidential information as trade secrets without compromising on your relationship with the distributors.
State-level Registration and Screening of Trademarks
State-level registrations for cannabis brands are relatively easy to acquire than federal law registrations as many states have legalized cannabis. At Drishti Law, we can help you acquire state protection for your brand efficiently and cost-effectively.
Post-registration Enforcement
Your brand protection doesn’t end with the registration phase. The next phase requires careful and continuous monitoring of your cannabis trademark for infringement and taking all the necessary measures to ensure that the trademark protection is intact.
Domain Name Disputes and Resolution
If your cannabis business has an online presence, then securing its domain name is as important as its offline, real-world safety. Our principal IP attorney in Illinois provides services for domain name registrations as well as handling domain name disputes.
Cannabis Litigation
If required, our cannabis trademark attorney takes the disputes to the litigation stage. He has represented numerous clients in the competent courts and acquired remedies for their legal problems.
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Cannabis Trademark FAQs
Q: Can you trademark a cannabis brand name in Illinois?
Since cannabis is still illegal under federal law, therefore the USPTO does not approve of any cannabis-related trademark registrations. However, this is not an absolute principle as cannabis brands have registered their trademark through indirect methods.
Q: Can you acquire trademark protection for cannabis goods and services in Illinois?
At present, it is not possible to acquire trademark protection for brands dealing in cannabis goods and services as cannabis is yet to be legalized on the federal level. The USPTO does not accept or approve applications dealing in cannabis products or services.
That is not to say that it’s a lost cause completely. Cannabis brands acquire intellectual protection by indirectly applying with the USPTO. For instance, if your business is situated in a state where cannabis is legal, your application will be filed under the state law so that your first-use date is established. Furthermore, cannabis trademarks can also be registered by applying them under the categories/classes which are indirectly linked to the cannabis industry. Another way is to manufacture and register a non-cannabis product which is similar to your brand’s cannabis product to prevent a competitor from using a confusingly similar name.
Q: Can you trademark CBD products?
Yes. USPTO allows registration for products derived from Hemp or cannabis plants, so long as they don’t exceed 0.3% THC on a dry-weight basis. However, keep in mind that CBD products cannot be registered as ingestible i.e. the USPTO will not approve an application where the CBD products are sold as foods, dietary supplements or nutritional supplements. For example, you cannot sell CBD candies, drinks, chocolates, and similar stuff. However, you can sell CBD lotions, face masks, cosmetics, etc.
Q: How much does it cost to hire an Illinois cannabis trademark attorney?
At Drishti Law, we offer tailored plans to our clients so there is no fixed fee except for the trademark application flat fee (since this is the trademark office fee). You can reach out to our firm to get a quote based on your needs.
Areas We Serve in Illinois:
IP Courts in Illinois:
Contact our Intellectual Property Law Firm today
At Drishti Law, our principal attorney in Illinois advises clients and provides comprehensive solutions in an affordable range. Here, we ensure that the plan is catered to the specific needs of the clients and it resolves the issues faced by their businesses.
With a focus on personalized attention, our principal attorney ensures that each client receives expert consultation. The law firm also collaborates with international associates worldwide for cases comprising transborder registration and litigation.
If you wish to book an appointment with our attorney, you can do so simply by clicking here.
What We Do
Practice Area
Copyright Service
The US Copyright system is designed to protect creators while incentivizing others to create original and innovative work. At Drishti Law we offer clear and concise guidance regarding various copyright issues.
Trademarks Service
The legal process for brand development begins with trademark registration. A trademark lawyer at Drishti Law, a law firm based out of Chicago, can get you there…
Cannabis Trademark
At Drishti Law, we perfectly prepare cannabis trademark applications which will effortlessly protect clients without giving governments doubts which will lead to rejecting the application.
Copyright services we offer:
Cannabis trademark services we offer:
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Why Choose Drishti Law?
As Your Intellectual Property Law Firm
Skillful, creative counsel
Personalized attention
Transparency and Efficiency
Knowledgeable intellectual property
meet Our Attorney
Sahil Malhotra
Education : J.D. University of Illinois – Chicago school of law
Bar Admission : Illinois (Admitted 2021), District of Columbia (Admitted 2022)
Additionally, Sahil’s experience as a trademark law clerk at the United States Patent & Trademark Office (USPTO) confirmed his aspiration to pursue a career in practicing intellectual property law. Together, his experience at the IP clinic, USPTO, and continued involvement in the IP community have resulted in a full spectrum IP law firm.
Sahil is licensed to practice in the state of Illinois and has the requisite acumen to provide effective solutions for managing your portfolio. He understands the challenges faced by innovators, creators, startups, and businesses in today’s hyper competitive market. Your vision needs protection. Let Sahil help you develop a competent formula for success.
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Frequently Asked Questions
What practice areas does your law firm cover?
Drishti Law offers a wide variety of Intellectual property services to individuals and small businesses. Our services cover, but are not limited to, Trademarks, Trade Secrets, Copyrights, and Data Privacy. We will use every resource available, to be a one stop shop for all matters when it relates to your ventures.
Do you charge for consultations?
Our initial consultation will be a short conversation to discuss your matter and will be free of charge. Any follow-up conversation regarding the matter will be covered in our engagement agreement.
What is the best way to contact you?
Feel free to reach us at [email protected] or (773) 234-1139.
How many locations do you have?
Do you require clients to meet in person?
How would you like your client to be prepared?
Do you offer patent services?
All patent services are handled by a group of trusted and licensed patent attorneys that are available on request by the client.