Protecting intellectual property helps ensure the business owner maintains the rights to a unique idea, good, or service. Without this protection, a competitor may steal a popular product, or an inventor could lose credit for their product. Sometimes, creators need extra legal help when protecting their intellectual property. An intellectual property lawyer like those at Ritter Spencer can help investors avoid confusion when navigating intellectual property protection. Before legally documenting intellectual property or hiring a lawyer, it is good to understand what category it falls under and the extent of its protection.
Business owners have several options to safeguard their brand. While profiting from sales through a third party, many opt to employ trademark licensing to legally protect their goods and services while trusting a third party to manufacture or sell the brand. With years of experience in various industries, the trademark attorneys at Ritter Spencer are well-versed in trademark law and can successfully guide businesses through the trademark registration or licensing process. Below, we offer answers to basic questions regarding trademark licensing to provide further insight for anyone considering this avenue.
Entrepreneurs in the cannabis industry face numerous choices that influence the success of their businesses. With so much to consider when building a cannabis company, business owners may easily get lost, confused, or make uninformed decisions that may imperil their business. At any stage of entrepreneurship, the right information could avoid unfortunate legal or financial issues such as bankruptcy.
From trademarks to financial decisions, a business’ growth opportunities often rely on the decisions made by cannabis business owners. These decisions can be greatly influenced by the knowledge of experienced cannabis attorneys like those at Ritter Spencer. Read on below to read three things every cannabis business owner should know.
A trademark is a type of intellectual property consisting of a word, phrase, logo, sound, or smell that identifies the source of ownership of goods and/or services. Obtaining a federal trademark provides the trademark owner the exclusive right to use the trademark nationwide and allows the owner to pursue an infringement action against others for using an identical or confusingly similar mark. Obtaining a state trademark affords an owner a similar form of limited protection; however, the owner only has the exclusive right to use the trademark within the state she registers.
As the medical marijuana, hemp, and CBD industries are still relatively new, many cannabis business owners are unsure whether they qualify for trademark protection or not. The 2018 Farm Bill clarified the legal distinction of hemp from marijuana and the status of popular cannabinoids and derivatives, such as CBD. Accordingly, positive changes regarding hemp-based trademarks have taken place, which the United States Patent and Trademark Office (“USPTO”) outlined in an Examination Guide in May of 2019. Below, we outline the basics of trademarking with a focus on cannabis and hemp products at the federal and state level.
Trademarks are common as companies make efforts to stand out in competitive industries. However, in this pursuit of differentiation, some businesses may take inspiration from a competitor’s creative assets. These actions risk infringing on the trademark of the business that registered the concept with the United States Patent and Trademark Office (USPTO). Trademark infringement cases can be complicated, which is why companies should work with an experienced Texas trademark lawyer from Ritter Spencer PLLC. Read below to learn some of the basics of trademark infringement and what legal options are available to businesses with a registered trademark.
Chelsie Spencer’s article regarding the United States Patent and Trademark Office’s treatment of cannabidiol (“CBD”) and hemp-derivative goods trademark applications has been published today in The Tipsheet. To view a copy of the article on CBD trademarks, continue reading below or click here: Cannabidiol: The Disjointed Stance at the USPTO Continues.
Attorney Chelsie Spencer was featured in Forbes this morning for her work as a hemp lawyer in the hemp, medical marijuana, and cannabidiol industries. To read the feature article, please click here to be taken to the Forbes website: Meet the Fearless Lawyer Saving the CBD Industry.
Trademark Lawyer Chelsie Spencer was published in the State Bar of Texas Intellectual Property Section’s TipSheet Vol. 13 No. 2, discussing the USPTO’s treatment of trademark applications for goods containing cannabidiol. To view the article, continue reading below or click here.
Ritter Spencer attorney Chelsie Spencer is featured this morning on Fit Small Business. In the article, Top 28 Digital Branding Strategies, Mrs. Spencer advises content creators to ensure that the digital content they place online is legally protected.
Distinguishing your brand in the digital age can be a challenge, particularly due to the easy and instant access of information online and heightened market congestion. Digital theft of intellectual property is quite prevalent in the online age; however, content creators and brand owners can take steps to legally protect their works.