Welcome to drishti Law
Providing Trademarks, Copyrights & Other intellectual property legal services In Washington D.C
Cannabis Trademark Attorney Washington DC
Cannabis brands face a different challenge with intellectual property registration than other forms of businesses. The primary and key issue stems from the controlled and illegal nature of cannabis under federal law (declared as such by the Controlled Substances Act (CSA)). As a result of this hurdle, a brand dealing in cannabis cannot be easily registered with the United States Patent and Trademark Office (USPTO), thus leaving it in a risky and unshielded situation.
Our principal trademark lawyer at Drishti Law handles various cases where he has registered cannabis brands on the state and federal levels. His considerable experience in cannabis law enables him to advise individuals and businesses on how to strategically bypass the hurdles the trademark law poses 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.
What Does Our Cannabis Trademark Lawyer in Washington DC do?
The services of our principal attorney at Drishti Law are diverse, ranging from trademark registration, trademark licensing, and trade secret protection to the enforcement of the mark in the form of post-registration services. Our IP attorney’s services are all-rounder which means that everything about trademarking becomes our attorney’s responsibility the moment he takes up a case.
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.
1. Brand Building
We don’t just register brands but also build them from the foundational level when needed. Our services are catered to all types of businesses, from small-scale start-ups to established companies.
2. Trademark Registration
It’s a bitter truth that the intellectual property law does not extend its protection to cannabis however with the right attorney and using the right cards, the issue is also resolvable. At Drishti Law, we have registered several cannabis companies, both on the state and federal level, and defended them against any form of restriction.
3. Conducting Trademark Clearance Search
The first step in the registration process is to ascertain the availability of the intended trademark i.e. the mark is not already in use by another brand or has a confusingly similar appearance. Our cannabis trademark lawyer in Washington DC conducts a comprehensive clearance search for the client’s trademark to confirm that it’s available for use. In case the results of this search go against the expectations, our attorney then assists the client in coming up with a new mark or modifying the existing one to meet the requirements.
4. Licensing Agreements and Trade Negotiations
We often get clients who wish to lend their brand mark to a third party in return for a licensing fee as they consider this route to be more lucrative and have a higher ROI as compared to using the trademark solely for your brand. Given the nature of these types of dealings, a strategic and fool-proof licensing agreement is required so that the licensee utilizes the goodwill and reputation of your brand according to your terms and conditions. Our principal lawyer at Drishti Law Washington DC can draft the license agreements as well as assist in the trade negotiations with shareholders, distributors, real estate professionals, and such.
5. Trade Secret Protection
As a cannabis dealer, you are bound to have manufacturing/cultivation procedures which you ought to keep confidential. We assist our clients in protecting their confidential information through the trade secret law without compromising on your relationship with the distributors.
6. Domain Name Registration and Dispute
It’s not uncommon for cannabis businesses to have an online presence – more so because the said item is illegal in a lot of places. For brands having an online presence, securing their domain name is as important as safeguarding the brand’s trademark. Our principal lawyer in Washington DC handles domain name registration and the disputes concerning its infringement.
7. Post-Registration Services
Brand protection doesn’t conclude with its trademark registration. Additional measures are required to ensure that the protection is intact. Fortunately, you don’t have to worry about these matters as your trademark lawyer is capable of doing that for you. At Drishti Law, our post-registration services come in the following forms:
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- Handling Oppositions
- Maintenance/renewals of the cannabis trademark
- Monitoring
- Cancellations
- Infringement disputes
- Cannabis Litigation
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FAQs – Cannabis Trademark Washington DC
Q: Can you trademark a cannabis brand name in Washington DC?
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?
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 our 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 Washington DC:
IP Courts in Washington DC:
Contact our Intellectual Property Law Firm today
At Drishti Law, our principal attorney in Washington DC 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 info@drishtilaw.com 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.