Q: What trademark classes do you recommend I register for my brand/trademark.
I want protection from others using it for any business. It's a name that will be focused on the marijuana industry with it's logo and brand on products such as clothing, glass, and other products and also online services.
With trademarks, the association between your mark and a PARTICULAR type of goods and/or services is a critical element. As such, you have to pick which particular goods and/or services you are going to use the mark with, and then actually use the mark in conjunction with the offering or sale of those goods and/or services. With the examples you provide, you would need to actually start using your mark with the sale of clothing, glass and other products, and then register your mark with the appropriate class as you begin to use the mark with each type of goods. The only exception to this is with an intent to use application, where you can register a mark before you actually start using it with the particular goods and/or services you intend to eventually use it with, but even then, you have a time limit under which you need to start actually using the mark with those goods and/or services.
Once a mark is established, you cannot keep others from using it for "any" business. You can only prevent others from using the same or similar mark with types of goods or services that would be confusingly similar to the ones you offer with your mark. Multiple marks that are the same or nearly the same are allowed to coexist in the market so long as there is no reasonable likelihood of confusion.
Finally, as of today, the federal gov't still classifies marijuana as illegal, and therefore the US Patent and Trademark office currently refuses to allow the registration of marijuana related marks, at least where the connection to marijuana is clear. Most folks either register the mark with similar, non-marijuana products, and then offer the marijuana products under the same brand, or they go with registration at the state level, on a state by state basis.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.