Federal trademark registration for cannabis products has been a sticky subject for quite some time. You probably already know (or I’ve told you in a prior post) that the United States Patent and Trademark Office (USPTO) will not currently grant trademark registrations for most marks covering cannabis related goods and services. But as of May 2, there’s good news, and a preview of how the USPTO might treat other cannabis products in a hypothetical federal legalization or decriminalization scenario: the USPTO now allows trademark registrations for CBD related cannabis products.

Specifically, the USPTO issued a new “examination guide” outlining the circumstances under which CBD trademarks will be allowed now that CBD is legal federally with the passage of the 2018 Farm Bill.

There are some significant caveats though, including that the CBD must be derived from hemp (cannabis with a THC concentration of not more than 0.3%) and must not violate the Federal Food Drug and Cosmetic Act (FDCA), i.e. not be in food, beverages, dietary supplements or even pet treats. There are a few other requirements but those are best discussed in a consultation about your specific brand, goods and services and legal situation.

Schedule a FREE 30 minute consultation where we can discuss how a CBD related trademark might fit into your overall brand protection strategy. We offer reasonable flat and hourly rates as well as discounted packages for new businesses.

As always, nothing in this post constitutes legal advice or representation. Please contact me directly to discuss how the above impacts your specific business situation.

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