Cannabis trademarks in Canada are a popular way for producers to protect their brands. As the cannabis industry continues to grow, the Canadian government has taken steps to make it easier for producers to protect their trademarks. There are more than two thousand active trademark applications for cannabis, with the oldest dating back to 1987. Many of these applications are for pharmaceutical preparations that contain cannabis ingredients. Of these, 131 are already registered and the rest are pending.
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Before applying for a trademark, it is important to consider the legal requirements for the particular goods or services. The Goods and Services Manual is a useful guide for describing a large range of products, but it’s less helpful when it comes to brand names and descriptions for new things. The Canadian Trademark Office may take some time to determine which commercial terms are acceptable for cannabis trademark applications. In addition, the term “weed” is unlikely to be an acceptable trademark term.
In addition to traditional trademarks, Canada also allows applicants to apply for non-traditional trademarks. These can include colour, three-dimensional marks, positioning of the sign, holograms, motions, sounds, tastes, and more. These types of trademarks offer unique opportunities for cannabis producers and brands. However, because they are not “inherently distinctive,” applicants must establish they have acquired distinctiveness through use.
