31 Jul TTAB Harshes Vibe
The Trademark Trial and Appeal Board (“TTAB”) reiterated once again that you cannot register marijuana marks at the federal level. The TTAB announced its decision on July 16, 2019, rejecting Canopy Growth Corporation’s, a Canadian corporation, trademark filings for marijuana vaporizers “Juju Rx” and “Juju Hybrid.” In re Canopy Growth Corporation by assignment from JJ206, LLC, Serial Nos. 86475885 & 86475899 (TTAB, July 16, 2019).
Marijuana is classified as an unlawful drug under the federal Controlled Substances Act (“CSA”), and marijuana vaporizers are also classified as unlawful drug paraphernalia under the CSA. Even though several states have legalized the use of marijuana, federal trademark applications for marijuana marks will continue to be rejected until the drug is legalized on the federal level.
As a basis for the decision, the TTAB relied on the CSA and a 2016 precedential TTAB decision. In re JJ206, LLC, 120 USPQ2d 1568 (TTAB 2016). Trademark registrations are based off of actual use or intended use in lawful commerce. So, as long as marijuana and marijuana paraphernalia remain unlawful in commerce, you are better waiting to file your trademark applications.