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The emerging hemp and CBD market means that you, as an entrepreneur, need to give yourself every advantage against competitors. Perhaps you have discovered a new way to make CBD oil absorb into the skin easier. Or perhaps a crossbreeding project has resulted in a new, more consumer-friendly strain of industrial hemp. In either event, you will need to consider how these changes interact with your intellectual property rights.
A Boca Raton hemp and CBD lawyer can provide vital guidance concerning the registration and protection of your patent and trademark rights. Discovering new uses for CBD or developing new hemp strains means that you can seek patent protection. Similarly, the packaging or your marketing strategies may require you to obtain trademark rights. An aggressive patent attorney will help evaluate those needs and register your intellectual property as necessary.
Many people assume that patent protections are only available for those who create a new physical invention. While these people must certainly seek out this protection, the fact is that patents can also apply to chemical formulas and even new breeds of plants.
With the CBD and hemp markets exploding in popularity, individuals and businesses are always looking to create new strains of plants or methods for consumption. This will inevitably lead to patentable inventions. To qualify for patent protection, 35 United States Code § 101 says that the inventors of these compositions may apply for the right to exclude others from the use of their discovery. This means that the source would have the exclusive right to produce the product in question for a period of 20 years. In addition, they can pursue infringement lawsuits against others who violate those patent rights. A Boca Raton hemp and CBD patent attorney can assist parties in filing and registering for patent protection.
Another key aspect of the hemp and CBD market is visibility. A business may have the best new product in the area but is having trouble making sales due to a lack of knowledge from their possible customers. Creative marketing campaigns can be one way to increase this visibility but it also runs the risk of competitors siphoning off of one’s success. A common solution is to seek trademark protection for these materials.
Trademarks are a separate form of intellectual property from patents. A trademark indicates the source of goods and services. It may involve a logo on a bottle, the color of CDB oil, or even the scent of a particular strain of hemp. Manufacturers may want to pursue both patent protection for new products as well as trademark protection, to maintain visibility in the marketplace and differentiate their products from those of competitors. A CBD and hemp lawyer in Boca Raton can pursue formal registration for trademark protection at both the state and federal levels.
Obtaining proper intellectual property rights as an entrepreneur is essential for both short-term and long-term success. A business that discovers a new method of producing these products must secure the exclusive right to do so through a patent. Similarly, even established organizations will want to protect their company’s reputation by getting trademark protection for their product’s packaging, logo, or even the smell that it produces.
A Boca Raton hemp and CBD lawyer will ensure that you are legally protected. Lomnitzer Law can evaluate your business’s need for intellectual property protection and take the necessary steps to obtain this protection at both the local and federal levels. Contact our experienced attorneys today to schedule a consultation.
