California Bill Would Allow Marijuana Businesses to be Trademarked Under State Law

A California measure would allow marijuana businesses to be trademarked under state law.

Assembly Bill 64 would expand the state’s Model State Trademark law to explicitly include cannabis businesses. This includes businesses that deal in “medical cannabis and nonmedical cannabis goods and services.”

According to the proposal, which was filed by Assemblymember Rob Bonta:

Existing law, the Model State Trademark Law, provides for the registration of trademarks and service marks with the Secretary of State and requires the classification of goods and services for those purposes to conform to the classifications adopted by the United States Patent and Trademark Office.

This bill, for purposes of marks for which a certificate of registration is issued on or after January 1, 2018, would, notwithstanding those provisions, authorize the use of specified classifications for marks related to medical cannabis and nonmedical cannabis goods and services that are lawfully in commerce under state law in the State of California.

The measure would also expand an advertising provision included in Proposition 64. The current provision prohibits the placement of marijuana billboards that are “located on an interstate highway or state highway that crosses the border of any other state.” This new measure would unfortunately expand this to include all interstates and state highways.

Click here for the full text of Assembly Bill 64.

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