. Against a small background, until January 1, 2018 in California, it was not possible to obtain state trademark protection because of the state code of state trademark code of the State of California Code of Business and Professional Code, which is simply called "Miscellaneous". states:
The purpose of this chapter is to provide a system for the registration and protection of state trademarks, which is a substantially uniform trademark law of the 1946s (15 U.S.C. To this end, the structure of a federal act should be considered as a binding authority for the interpretation and interpretation of this chapter. "
However, in December 2017, the State Secretary of California announced that customers may register cannabis brands or service marks as long as the following requirements are met:
The trademark is legally used in commerce in California; and
The specification corresponds to the classification of goods and services US Patent and Trademark Office .
The Secretary of State has reiterated that it will accept applications only to the extent that the goods and / or services in question are in accordance with the classification code of the USPTO Manual of Goods and Services. That's why it's easy to register things that fit into the USPTO specifications, such as retail services. Cannabis goods are a bit more problematic even though we have also developed strategies to protect them.
All of this was based on the administrative policy announced by the Ministry of Finance, not on the law or on the change of California's business and professional code, but Senate Bill 185 introduced in January 30, 2019 and only went to committee, would change it.
SB 185 states that California's current legislation provides for the registration of trademarks if the classification of goods and services for the trademarks in question is in accordance with USPTO-approved classifications, but suggests that, for brands that have been granted a registration certificate, or after January 1, 2020, applicants should: permission to use “accurate classifications for cannabis brands, including medical cannabis, goods and services that are legally traded in the state of California.” Classification of Cannabis Products. would enhance the trademark registration process in California and provide more security for cannabis companies with regard to the enforceability of registrations.
In addition, SB 185 provides that the Ministry of Food and Agriculture, together with the Ministry of Public Health and MAUCRSA, is to establish a certification program for cannabis and manufactured cannabis products, comparable to the national organic program and the California Organic Food and Agriculture Act. As we have previously written, it is not permitted to use organic in cannabis products, unless the designation is in accordance with state law or private certification, as this certification is generally regulated by the US Department of Agriculture. Under the Food Production Act
SB 185 provides the basis for some important improvements to protect brands of cannabis companies and the creation of an organic certification program will benefit both businesses and consumers. We are following this bill closely and hope that it will not stop in committee. Stay tuned!