Tell us a little about yourself and your journey into working in the cannabis space. Is there a specific impact you want to make in the cannabis industry?
I’m an Ecuadorian immigrant raised in Jersey City Heights. I am an attorney, advocate, adjunct professor, and consultant. I’ve been in the cannabis industry for over six years. I started in cannabis in late 2017, when the governor of New Jersey ran on a campaign to legalize cannabis.
As a longtime consumer of cannabis, I was obviously excited and decided to get involved. I educated myself on the history of cannabis, the laws and regulations from other states, and the challenges Black, Latino, and Indigenous communities were facing as a result of cannabis prohibition. Leveraging my legal acumen, I began advocating for legalization and lowering barriers of entry while at the same time assisting cannabis brands with trademark protection. Six years later, I’ve had the honor of playing a hand in shaping legislation and regulations in New Jersey and I’ve advised on equity efforts in multiple states.
How has your personal experience with cannabis influenced your approach to practicing cannabis law?
I am grateful to work with a plant I deeply respect. At the same time, its criminalization impacted the communities I grew up in. Knowing its complex racial history, I consider myself an advocate first and an attorney second. Whether it be a trademark client or an applicant applying for a state license, I lead with a community focused vision. I learn from my clients challenges, their mistakes, and their heartache, and I transmute that information into policy solutions for the betterment of the community as a whole.
As a long-time supporter of the cannabis industry, what is your latest project? How did it come about, and why should people/operators get excited for it?
Keeping me busy these days is the New Jersey Business Action Center Cannabis Training Academy (NJBAC CTA). In December 2022, I was awarded the first state contract to be the first consultant to build the NJBCA CTA. I’ve advocated for technical assistance for over 5 years, so to be a part of this program is a dream come true. It’s a no cost technical assistance program to assist those looking to get involved in the industry through education and mentorship. The purpose of the CTA is to arm people with the knowledge they need to make informed business decisions about entering this industry and provide support for those going through the application process.
Trademark tips for Cannabis/CBD brand owners
Why is trademarking particularly important in the cannabis and CBD industry, and what unique challenges do businesses face in protecting their brands in this space?
Cannabis plant touching goods and services are not eligible for federal trademark protection, but they are eligible for protection on the state level (depending on your state). Due to cannabis’s federally illegal status, the United States Patent and Trademark Office (USPTO) has taken the stance that a federally illegal good/service cannot satisfy the requirements needed for trademark registration. As such, cannabis companies must be creative and trademark their goods/services that surround their plant touching goods/services to provide a halo of protection for their plant touching business. Once federal prohibition is lifted, it will be a different story, and when that time comes, you better hope your trademark is protected.
How can trademarking benefit a cannabis or CBD business beyond the basic protection of their brand name or logo? Are there other aspects of intellectual property that they should also consider?
Trademarks are assets, so the more valuable your trademark is, the more valuable your company is. Your trademark can be licensed, it can be sold, and it protects your company’s goodwill. Strong trademarks decrease your marketing costs, your SEO costs, your PR costs, etc. It’s a consumer shortcut, and it’s whole purpose is to let the consumer know who you are, not what you do. In addition, copyright protection is available for original works of authorship, and trade secrets are a great tool for any other proprietary information that provides a company with a competitive advantage.
Despite hemp’s legality, the USPTO, looking to the FDA, will not register trademarks for nutritional supplements, pet products, food, or beverages with CBD. Once again, CBD companies must also be creative and adhere to FDA guidelines.
What advice would you give to cannabis or CBD entrepreneurs who are considering trademark registration but may be hesitant due to the industry’s complex legal environment and the cost? Are there any strategies to overcome these concerns and proceed with the process effectively?
You either pay now or pay more later; either way, you’re paying. Most won’t believe me until it happens, but if you have a vision for your company and you’re serious about it, then building a company on a shaky brand name is a bad business practice.
If you’re going to invest time, energy, and money into creating a good or offering a service, then why not protect it? For most small businesses, their trademark is their most valuable asset, and while the process can be lengthy and expensive, the peace of mind is worth it to know that you can build comfortably without having to look over your shoulder. Without trademark protection, you put your entire company at risk. Find a good trademark attorney, conduct a proper clearance search, and file your trademark. Protect your rights and your ownership.
