CBx Daily Digest

Don’t Rush to Apply for that CBx Trademark Just Yet!

United States Patent and Trademark Office (USPTO) issued a trademark examination guide last year, broadening the class of cannabis-related goods for which cannabis companies could register their trademarks. The examination guide explained that, because certain hemp-based products with less than 0.3% THC–including CBD–are no longer controlled substances under the Controlled Substances Act (CSA), companies could apply to register trademarks in connection with those goods.

As we (JDSupra) previously reported, the United States Patent and Trademark Office (USPTO) issued a trademark examination guide last year, broadening the class of cannabis-related goods for which cannabis companies could register their trademarks. The examination guide explained that, because certain hemp-based products with less than 0.3% THC–including CBD–are no longer controlled substances under the Controlled Substances Act (CSA), companies could apply to register trademarks in connection with those goods.

The examination guide included a caveat that this expansion only included hemp-based products, and that CBD derived from marijuana was still unlawful under federal law. Furthermore, the USPTO warned that because CBD use as a food additive is still under investigation by the FDA, the use of CBD in foods or dietary supplements is still unlawful and marks seeking registration for such use should be refused.

The USPTO has now issued refusals of several applications for marks that are used in connection with CBD oils. These refusals offer some clarification of the examination guide. The USPTO generally takes the position in these refusals that CBD oils are flavored and in most cases designed to be added to food and drinks, and therefore the goods are unlawful. Because the goods are unlawful, the USPTO will not issue a registration in connection with those goods.

Read: Full Story At JDSupra

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