With the rapidly approaching legalization of recreational cannabis in Canada, both those currently involved in the Canadian marketplace and brands hoping to enter the legal marketplace are working to establish their brands in the Canadian marketplace. One trend which we have already seen starting is strains of cannabis being re-named in order to avoid objections from other well-known non-cannabis brands.

Recent examples of strains that have been re-named in order to avoid possible trademark infringement litigation include Skywalker, Ewok, Girl Scout Cookies and Jägermeister. It would be prudent for cannabis brands to look at their strain names and determine whether there are potential trademark issues, and whether the strains should be re-branded.

There are two separate factors that have helped contribute to this current climate. The first is that many cannabis brand owners were not paying attention to strain name selection from a trademark perspective because their business of selling cannabis was illegal, so potential infringement through the use of strain names was a very minor concern. The second is that from the perspective of companies whose trademarks are being used for cannabis brands, it may be a harmful association for their branding, depending on their clientele. For example, for Disney or the Girl Guides, infringement of their trademarks by cannabis companies might merit a stronger response because the association of cannabis with their work with children is obviously troubling.