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 Trademarks (e.g. hulled
marijuana laws, which constitute lawful goods or ser- vices? By obtaining a federal trademark registration in relation to any such lawful goods and services you provide (i.e. registering around the edges of the CSA or FDCA), you may still be able to protect your brand.
Alternatives to Federal Registration
Whether or not you pursue federal registration, you should also consider proceeding within the com- mon-law and state-law frameworks so that you can protect your mark within your geographical trading area. You may also consider copyright protection to protect your logo or design trademark.
Common-law Trademark Rights
By using your trademark in commerce on select goods and services, you will develop common-law rights in that mark. Common-law rights are based solely on use of the mark in commerce within a par- ticular geographic area. Your common-law rights may be used to stop infringers.
State Registrations
Another option to consider is seeking one or more state registrations for your trademark in states that recognize the legality of your goods or services. While state registrations confer the benefits of registration only within the boundaries of that state, registering onthestatelevelcanbeaneffectivewaytoprotect your mark and to prevent third parties from using the same or confusingly similar mark on the same or similar goods or services in that state.
Copyright Registrations
Copyright protection may constitute an alterna- tive route to protecting your logos or design trade- marks, provided they contain original authorship and are not just familiar shapes, symbols, or designs. Copyright is a form of protection provided under U.S. law to ‘original works of authorship,’ once fixed in a tangible form. A copyright registration establishes a public record of a copyright claim as well as offering several other statutory advantages.
In Conclusion
CBD-based businesses should start using their trademarks on their goods and services as soon as possible in order to establish common-law trademark rights, seek federal registration for trademark uses that are legal under the CSA and do not raise lawful- use issues under the FDCA, seek state registrations in states where trademark use occurs and where can- nabis use is legal, and seek copyright registrations for eligible logo and design trademarks.
Please contact us for further information or to set up an initial consultation. We look forward to assist- ingyouinprotectingyourvaluableIP.Pleasecontact us for further information or to set up an initial con- sultation. We look forward to assisting you in pro- tectingyourvaluableIP.Pleasecontactusforfurther information or to set up an initial consultation. We look forward to assisting you in protecting your valu- ableIP.u
Mary Bonzagni is the IP partner with the Springfield- based law firm Bulkley Richardson; (413) 272-6200.
Continued from page 10
hemp seeds,
hemp seed protein powder, and hemp seed oil). On Dec. 20,
2018, the same day the 2018 Farm Act took effect, the FDA approved the sale of hulled hemp seeds, hemp seed protein powder, and hemp seed oil, and the use of these products in human food. Therefore, trade- marks for these hemp products are eligible for federal registration at the USPTO.
In addition, trademarks for hemp advocacy groups and trade associations, and for services such as consulting and advertising services and the like, can also be federally registered. It is legal for advoca- cy groups and trade associations to educate the pub- lic and advocate for changes in hemp and marijuana laws. Thus, the USPTO is willing to issue trademarks to those groups and to others providing services to the legal hemp industry.
Let’s assume for purposes of this article that your trademark is being used on goods that do not fall within one of the above categories, and thus your trademark cannot be federally registered. Here are some options for proceeding.
Federal Registration for Permissible Ancillary Products and/or Services
The first area to explore is whether you also sell goods or offer services that fall outside the restric- tions of the CSA or FDCA. For example, do you sell goods without CBD as an ingredient, or provide a website featuring blogs and publications (e.g. articles, brochures, etc.) advocating for changes in hemp and
  Easthampton
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“My goal going forward is to find other businesses that are able to con- tribute to this effort so we can do another round of funding,” Belliveau said. “The need is great, and the money from this first effort went fast.”
In addition, Easthampton and six surrounding communities recently became eligible for a $900,000 Com- munity Development Block Grant to help microbusinesses get through the pandemic. Businesses with five or fewer employees can apply for up to $10,000 in grant money. Easthampton was the lead community in applying for the block grant.
“We have many innovative small businesses in Easthampton who still can’t reopen,” LaChapelle said. “This grant program is designed to help them stay afloat.”
Dave DelVecchio is president of Suite3, a company that provides IT ser-
Cannabis
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Barry is well aware of the social- equity component as well, saying it aligns with AIC’s mission to provide access and opportunity to a diverse student population.
“Each course will have a social- equity component; students will get exposure to the business through the lens of social equity, and by the end of the program, they’ll be entrenched in how we can potentially undo some of the disproportionate harm done in the
vices for businesses of all sizes. While most of his customer base is in Western Mass., Suite3 also has clients interna- tionally and in several U.S. states.
As an IT service provider, DelVec- chio measures success by “ticket requests,” an indication that a cus- tomer needs support. When COVID-19 started taking its toll and many busi- nesses were shut down in March and April, ticket requests were at their low- est point. Since then, Suite3’s business has come back to pre-pandemic levels.
As a past president and current trea- surer of the chamber, DelVecchio was concerned about the impact COVID-19 was having on the business communi- ty, and especially its growing portfolio of restaurants.
“While many restaurants in the city were affected by the virus, they’ve adapted well by doing things they didn’t do before, like offering takeout options,” he said. “It’s remarkable that
past, while creating a workforce that meets the needs of the industry.”
Because, again, the opportunities appear to be increasing.
“They’ll build a network of profes- sionals they can use as resources as they create their careers, whether they start out working for someone else or start their own business,” she added. “They’ll know it’s not limited.”
That’s true in Holyoke right now, where the next site to open will likely be True Leaf, located near the Holyoke
they’ve been able to continue to offer a service to the community, but in a dif- ferent way.”
He added that Easthampton has a good number of other businesses affected by COVID-19 that did not receive as much attention as the restaurants.
“Businesses such as travel agencies and professions that require personal interaction, like chiropractors and massage therapists, were also affected by the virus,” he said, noting that the SSBG and Community Development Block Grant can make a real difference for such businesses.
Coming Together
DelVecchio credits Belliveau with changing the focus of the cham-
ber to more education without los- ing its important role as a provider of networking opportunities. Part of the changing organization involved
Dam, Marrero said. “They’re a pretty sizable operation — they would be the biggest in Holyoke by square foot- age, and they’re near completion of construction.”
Winstanley said Theory learned a lot from its original store, in Great Bar- rington, the first dispensary to open
in the Berkshires. Now, competition is springing up across Western Mass., but he says the company still has plenty of room to grow.
“It’s not only the growth of our com-
moving from an annual fee model to monthly dues. While that can be a risky move, DelVecchio noted there was almost no attrition in membership.
“We are grateful that we continue to get support from the business commu- nity and they see value in the cham- ber,” he said, “especially at a time when expenses are being put under greater scrutiny.”
This support is another indication of how the community, which had been thriving before the pandemic, has come together to cope with a crisis that has provided a real test — or another real test — for residents and businesses alike.
As the mayor noted earlier, East- hampton’s grit and resilience has helped it survive a number of econom- ic downturns and other challenges in the past. And those qualities will see it through this one as well. u
pany, but the significant tax revenue that’s definitely needed,” he said. “Right now, we’re just really happy to see can- nabis is back, and hopefully we can continue to contribute, and the indus- try will provide some much-needed life in these strange times.” u
Joseph Bednar can be reached at [email protected]
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