Patent and Trademark Issues Tag

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...

Trademark practitioners, hemp producers, and hemp-derived product manufacturers have long struggled with the clash of federal and state law regarding protection of trademarks with the United States Patent and Trademark Office (USPTO). Historically, the USPTO has refused registration of marks that include cannabis, hemp, CBD or derived products on the basis that these marks were unable to have lawful use in commerce under existing federal law. These waters became even murkier after the passage of the Agricultural Improvement Act of 2018 (known as the 2018 Farm Bill), which removed “hemp” from the list of controlled substances under the Controlled Substances Act (CSA). On May 2, 2019, the USPTO issued Examination Guide 1-19, outlining the USPTO’s policies with respect to trademarks including legal CBD and hemp-derived goods and services since passage of the 2018 Farm Bill. This appears to open the door for registration of marks that include legal CBD, hemp...

X
Welcome to Our Store
Looking to Private/White Label CBD and Hemp! I can help you ;)
WooChatIcon