Trademark News & Screw-ups MedMen's 'Cannabis' Trademark Try: PR Stunt or Genius Move?

In addition to other reasons listed in the article why trademarking CANNABIS for clothes can be problematic, there is another issue. Simply slapping a name on a t-shirt does not make it a trademark. For it to be a trademark, it has to function AS a trademark. Which means, the word needs to have the capacity of being perceived to indicate a specific SOURCE of products or services. Trademarks are not designed to give you a monopoly over a certain word, image, or a phrase. They are designed to help people distinguish products and services of one company from similar products and services of everyone else. While all other reasons mentioned in the article raise valid concerns, the fact that in this case, the word does not function as a trademark because it is not designed to indicate the source of the t-shirts, should be sufficient for this trademark to never get registered.

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