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Problem
Fact Pattern:
You work for a firm that has secured a state license to grow and distribute marijuana and cannabis products for medical purposes. Your team is considering possible business names and trademarks for the firm. A member of your team proposes the following three trademarks:
1) XYRBLTZ (pronounced Zer-blatz)2) Canna-Bold3) M'Kweed (pronounced Mik-weed) with the following logo:
Task
Question I. Analyze the likelihood that you could secure a trademark registration in each of the marks listed above, assessing the inherent distinctiveness, descriptiveness, or genericness of each mark
Question II. Analyze whether using each of these marks would present any legal or communicative problems, i.e., might they conflict with existing rights of another firm; will they communicate what you want consumers to know, etc.?
Question III. Your next step will be to hire a firm to conduct a trademark clearance search to make sure there are no unforeseen confusion issues. Assume you must move forward with one of these three marks. Using your analysis from your answers to I and II above, select one of the three above-listed marks to move forward with. Explain why you selected that mark.
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