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Wine Industry Insight
The California Secretary of State’s (SOS’s) office is shortchanging legal cannabis businesses and their consumers by failing to register trademarks for the newly legalized industry, according to a long-time wine industry attorney, Jay Behmke, of Healdsburg.
Including the word “cannabis” or “marijuana” in the state trademark application has, so far, been the kiss of death.
In an extensive research document sent to Assembly members working to clarify legislative intent, Behmke wrote:
The California Secretary of State (â€śCA SOSâ€ť) currently refuses to register trademarks for cannabis goods and services. Trademarks are essential from a consumer protection standpoint to indicate the source of goods or services, … as well as to protect valuable intellectual property for participants in the cannabis industry.
Finding a way to register trademarks in California is critical to the orderly development of a robust cannabis industry for the benefit of suppliers and consumers alike.
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