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United States Patent and Trademark Office › Decriminalization of Marijuana

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
Troutman Pepper

High Stakes: Eight Tips (and One Bonus) for Cannabis Professionals on the Budding World of Trademarks

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Apologies for the cannabis puns in the title, but they are required by law. Okay, you are correct. That is not true. But it is true that trademark protection is important for individuals in the cannabis industry. Earlier this...more

Fox Rothschild LLP

Primer on Cannabis Trademark Law and How Rescheduling Could Change the State of the Law

Fox Rothschild LLP on

With more individuals and businesses entering the cannabis sector, there has been an increased interest in what kind of trademark protections a cannabis business can obtain. This article seeks to briefly cover what in the...more

Bradley Arant Boult Cummings LLP

The U.S. Trademark Office Says Δ8-THC Is Illegal -- Usually

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The decriminalization of cannabis in some states, and its partial decriminalization at the federal level, has created an explosive market for cannabis itself and the myriad chemicals that compose the plant. The 2018 Farm Bill...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - September 2021

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The September 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses a recent non-precedential Trademark Trial and Appeal Board decision regarding intent-to-use applications covering CBD products currently...more

Cozen O'Connor

Controlled Substances, CBD and COVID-19

Cozen O'Connor on

While the country wrestles with the coronavirus pandemic, the federal government and many state governments recently made key determinations that could shape the future of the cannabis, hemp, and CBD industries for years to...more

Akerman LLP - Marks, Works & Secrets

Lanham Act Preemption of State Law Where Cannabis Trademarks Are At Issue

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As cannabis products become legal in more and more states, commercial interest grows in protecting the trademarks associated with those products.  The United States Patent and Trademark Office has maintained its refusal to...more

Haug Partners LLP

Global Developments and Considerations for Registering Cannabis and Cannabis-Related Trademarks

Haug Partners LLP on

This article discusses the global developments for the registration of cannabis and cannabis-related trademarks in the United States, Canada, Mexico, and the European Union....more

Vedder Price

The 2020 Intellectual Property Year in "Preview" Article* - *Also Known as “I’ll Be Right, Sooner Or Later”

Vedder Price on

You could make a good argument that courage is a mistake of evolution. We’d all be better off just running away from a hungry saber-toothed tiger. (Those things were huge! And have you seen their teeth?!) But, at some point,...more

Seyfarth Shaw LLP

Brand Protection for Illinois’ Budding Cannabis Industry

Seyfarth Shaw LLP on

On January 1, 2020, the recreational use of marijuana will be legal under Illinois law. With the formal enactment of the Cannabis Regulation and Tax Act, it is expected that numerous new companies will be gearing up to enter...more

Akerman LLP - Marks, Works & Secrets

Cannabis Trademarks Redux

Akerman LLP - Marks, Works & Secrets on

In a case affecting the fast-growing legal cannabis industry, the Trademark Trial and Appeal Board (“TTAB” or “Board”) affirmed the United States Patent and Trademark Office’s (“USPTO”) refusal to register two trademarks for...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Global Patent Prosecution - June 2019: Cannabis Patenting at an All-Time High Despite Illegal Status

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

Legal or not, the cannabis industry is booming. Indeed, analysts have projected that in North America alone it will grow from $9.2 billion in 2017 to $47.3 billion in 2027. Despite marijuana’s illegal status in most...more

Akerman LLP - Marks, Works & Secrets

Marks For Hemp and Cannabis

Akerman LLP - Marks, Works & Secrets on

The United States Patent and Trademark Office recently issued a new Examination Guide relating to trademarks for cannabis and cannabis-related goods and services....more

Seyfarth Shaw LLP

Likely To Be Dazed and Confused – An Update

Seyfarth Shaw LLP on

Seyfarth Synopsis: Regular readers will recall that in March we blogged about cannabis-related trademarks. We now have an update...more

Ward and Smith, P.A.

Trademarks and Hemp-Derived Cannabidiol: Brand Protection for CBD Products

Ward and Smith, P.A. on

Cannabidiol (commonly referred to as "CBD") has been in the news for several years now, due to its touted health and wellness benefits. This is especially the case since the Agricultural Act of 2018, or AIA, became law in...more

Harris Beach PLLC

Despite Lawful Use in Commerce, Hemp and CBD Trademarks May Still Face Rejection

Harris Beach PLLC on

In a previous Legal Alert, we covered the removal of one impediment to federal trademark registration for hemp/CBD products: namely, that hemp/CBD products will no longer be outlawed by the Controlled Substances Act and will...more

Lowndes

Trademark Protection Challenges and Strategies for U.S. Cannabis Businesses

Lowndes on

In almost every industry, businesses expend significant capital and resources to develop their brand, which, although intangible, is often the most valuable piece of property a business owns....more

Harris Beach PLLC

Legalization of Hemp Opens Door to Federal Trademark Registration for Hemp and CBD Products

Harris Beach PLLC on

The proposed amendment to remove hemp from the federal government's list of Schedule 1 drugs is likely to trigger a wave of federal trademark registrations. ...more

Amundsen Davis LLC

Weeding Out The Competition: How To Protect Brands In The Booming Marijuana Industry

Amundsen Davis LLC on

The number of states legalizing medicinal and recreational marijuana use continues to rise. According to CNNMoney, legal pot is now a multi-billion dollar industry in the US. In order to weed out the competition, these...more

Ward and Smith, P.A.

Making and Keeping Your Mark: Hemp Brand Protection in a Brave New World

Ward and Smith, P.A. on

For North Carolinians, hemp is here. The federal legalization of hemp grown under state-sanctioned research programs in the Agricultural Act of 2014, combined with the myriad uses of hemp, including cannabidiol (aka,...more

Knobbe Martens

Cannabis Considerations: Protecting your Cannabis Innovation

Knobbe Martens on

Introduction – Is Patenting Cannabis Legal? Early protection of intellectual property is a critical component in any business’s efforts to secure a competitive advantage in the marketplace. In the cannabis space, efforts...more

Dorsey & Whitney LLP

PTO’s Rejection of Marks Related to Marijuana Should Be Found Unlawful

Dorsey & Whitney LLP on

The United States Patent and Trademark Office rejects trademark applications when it determines that the use of the mark is unlawful under the Controlled Substances Act. See In re Brown, 119 USPQ.2d 1350 (TTAB 2016) In the...more

Farrell Fritz, P.C.

Federal v. State Trademark Registration for Marijuana-Related Goods and Services

Farrell Fritz, P.C. on

Despite numerous states having legalized medical marijuana, and a handful of others having legalized marijuana for recreational use, it still remains impossible to obtain a U.S. federal trademark registration for marijuana...more

Farella Braun + Martel LLP

Patents in the burgeoning cannabis industry

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With cannabis legal in 29 states for medical use and in eight states for recreational use, there is a surge of entrepreneurism and an influx of capital into the rapidly expanding cannabis industry. Although cannabis remains a...more

Lewitt Hackman

Half Baked: The Brave New World of Branding Weed

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In last week’s election, California voters passed Prop 64, which means recreational marijuana can be sold and used by persons over 21 within the state. But don’t get excited about the gold rush just yet. Recreational...more

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