ACKRELL CAPITAL Cannabis Investment Report | December 2017 fies other PVPA requirements may apply for and receive a certificate of plant variety protection issued by the U.S. Department of Agriculture (USDA). Such a certificate establishes a breeder’s right, for a period of time and subject to certain exceptions, to exclude others from selling the variety, offering it for sale, reproducing it, importing or exporting it, or using it in producing a hybrid or different variety. A breeder’s rights under the certificate last for 20 years (25 years in the case of a protected tree or vine) from the certificate’s issue date. It is not clear whether the USDA has issued any certificate of plant variety protection for a can- nabis variety. The USDA website provides a searchable database of certificates issued since February 2013, as well as a schedule of crop categories for which certificates have been issued. A search of these USDA materials indicated that no certificates for varieties of cannabis, marijuana or hemp have been issued. The PVPA defines “variety” as “a plant grouping within a single botanical taxon of the lowest known rank” with certain defining and distinguishing features. Given the disagreement among bota- nists regarding cannabis taxonomy noted in Chapter I, Cannabis Science 101, it may be challenging to demonstrate that a cannabis variety satisfies PVPA criteria for protection. Trademark Act A trademark is a word, name, symbol or device used by a person to identify and distinguish the person's goods or services from the goods and services of others and to indicate the source of the goods or ser- vices. Trademarks take many forms, including logos, slogans, symbols, colors and sounds. Under com- mon law and through registration under state and federal statutes, a trademark owner can be afforded certain legal protections against unauthorized use of the trademark by others. Trademark protection under federal law is provided primarily by the Trademark Act, a