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Monopolization of cannabis strain designations through trademarks?

Who owns "Jack Herer"?

It happens again and again that well-known cannabis strain names such as "Jack Herer" or "OG Kush" are registered as trademarks by individual persons or companies. This has recently led to discussions and fears that the names of globally widespread cannabis strains could be monopolized in this way.

But when are such trademarks actually infringed and when are they not? Can such trademarks be legally registered or are there obstacles to protection? Which trademarks should one pay attention to and which are not relevant?

Answers to these (and other) questions are provided by our SKW lawyer and partner, Oliver Stöckel, in his specialist article on


Oliver Stöckel

Dr. Oliver Stöckel


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