Cannabis Counterfeits: How To Protect Your Products
As products enter the market and industries grow, retailers, such as Ebay, Amazon, and Alibaba, encounter challenges associated with the increased sale of counterfeit goods. This predicament is not unique to particular businesses and in the expanding industry of cannabis, counterfeit goods will eventually become more widespread. Counterfeit glassware, vape pens, an water pipes already exist in the market. As more companies in this industry work to build their enterprise, it is clear that counterfeit cannabis products will present a barrier to the success of legitimate businesses. Hence, it is essential for business owners to take a preventative approach to selling their products.
First, it is important to identify your intellectual property (IP) and determine what type of protection is required. Do you need (1) patent or (2) trademark protection?
1.) Cannabis Patent Protection
Obtaining a patent is one of the most effective ways to fight counterfeit goods. A patent is a grant issued by the U.S. Patient and Trademark Office (USPTO), which gives the inventor of a product the right to bar other people from producing, using, or selling his or her invention in the country. Patents can protect novel designs, such as the design of a unique vape pen.
2.) Cannabis Trademark Protection
Trademark infringement is another way that counterfeiters steal and sell products. For instance, a counterfeiter might take your company’s logo and sell their glassware with your logo printed on it. The most powerful way prevent this from happening is to register your trademark with the USPTO. Trademark protection gives the owners of products the exclusive right to use their logo or mark on specific commercial goods. In addition, it gives the owner the right to go to federal court in the case that infringement does occur. Products that do not violate the Controlled Substances Act, such as smokers’ accessories, are eligible for trademark protection.
If your product is being manufactured in a foreign country, the IP of that product needs to be protected in that country as well.
What if you discover that someone has infringed upon your IP? Determine if (1) you know of and can contact your alleged infringer or (2) it is a third party seller using an online retail platform.
1.) You Know Who the Infringing Party Is
Generally, your cannabis attorney can contact your alleged infringer with a cease and desist letter and the infringer would stop selling your products or products with your trademark on it.
2.) Third Party Sellers
Parties that use online retailers, such as Amazon or Ebay, are more difficult to confront. However, this process is accelerated if you are able to offer proof of your IP rights (i.e. patent or trademark protection) to the retailer. Providing proof of your IP rights would be a clear indication that counterfeiting has occurred and the retailer can choose to suspend or close a counterfeiter’s account.
In closing, it is important to protect your IP rights, whether you are just starting your cannabis business or you are working to grow it.
Originally published at www.thclegalgroup.com.
