Can You Copyright Chronic?

During a very brief period here in 2010, the answer to the question was yes, copyrights were on the table for business related aspects of the Medical Marijuana industry. However, names such as "Chronic" and "Maui Waui" would be difficult to claim ownership of due to their use in everyday language. Regardless, the prospect of being able to copyright or trademark business names, logos, and even certain products was presented on the U.S. Patent and Trademark office in early April 2010.

The U.S. Patent and Trademark office, a subdivision of the Department of Commerce listed a new category for potential copyrights on their website: Processed plant material for medicinal purposes. Similar to the overnight explosion of dispensaries after the Obama administration suspended federal raids on Medical Marijuana facilities, the Patent and Trademark office was inundated with claims and requests made by Medical Marijuana providers and businesses. Requests ranged from phrases as common as "Chronic" and "AK-47" to more unique aspects such as beverages and business names.

Many in the industry believed this was a big step in the federal recognition of the Medical Marijuana industry in the United States. Unfortunately for them, their elation was short lived. In July of 2010, the U.S. Patent and Trademark Office removed the new category from its website. A representative from the Patent Office cited the inclusion of the new category as a mistake, and its removal from the site due to the illegality of Medical Marijuana, federally. Of the many patent requests received by the office, no copyrights were issued, or will be in the near future, as stated by the representative.

Regardless of the final result, proponents of Medical Marijuana still see the event as an overall victory in the progression of Medical Marijuana on a federal level.