News & Analysis as of

United States Patent and Trademark Office › Controlled Substances Act

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 -
Seyfarth Shaw LLP

Reefer Madness – TTAB Dismisses Opposition Because Cannabis Company Lacked Bona Fide Intent To Use Its Mark

Seyfarth Shaw LLP on

As the prospect of federal rescheduling of cannabis looms, some in the industry are seemingly attempting to preserve their spot in line at the United States Patent and Trademark Office. A recent Trademark Trial and Appeal...more

Dorsey & Whitney LLP

The Ninth Circuit Addresses Judicial Power over Trademark Applications and the Lawful Use of Trademarks on Cannabis (I Mean,...

Dorsey & Whitney LLP on

The Ninth Circuit issued two opinions in BBK Tobacco & Foods LLP v. Central Coast Agriculture, Inc. finding judicial power over pending trademark applications and an exception shielding trademark registrations for marks used...more

Falcon Rappaport & Berkman LLP

Cannabis Rescheduling – A Look Towards the Future of the Industry

Falcon Rappaport & Berkman LLP on

The Drug Enforcement Administration (DEA) will call for cannabis to be rescheduled according to a report by the Associated Press. The anticipated rescheduling follows the Department of Health & Human Services’ (HHS) August...more

Husch Blackwell LLP

BOLO: Cannabis Qui Tam Actions

Husch Blackwell LLP on

Due to federal illegality, the cannabis industry has long been plagued by federal agencies taking a variety of different enforcement approaches to cannabis businesses. From the U.S. Patent and Trademark Office to the National...more

McGlinchey Stafford

2024 Cannabis Trademarks and Branding

McGlinchey Stafford on

Based on recent events, it seems likely marijuana will be rescheduled under the Controlled Substances Act (CSA) sometime this year. While many industry experts have discussed the impacts in recent months, many questions still...more

Seyfarth Shaw LLP

4:20 Unfriendly – TTAB Says 4:20 is Deceptively Misdescriptive of Goods Not Used with Cannabis

Seyfarth Shaw LLP on

Republic Technologies (NA) LLC (“Republic”) filed an application to register the proposed mark 4:20 with the United States Patent and Trademark Office (“USPTO”).  Republic amended its goods twice during prosecution of the...more

Troutman Pepper

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

Troutman Pepper on

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

Seyfarth Shaw LLP

Blunders That Made ‘Bakked’ Cannabis TM Go Up In Smoke

Seyfarth Shaw LLP on

A recent lawsuit alleging trademark infringement by AmerikanWeed illustrates the importance of protecting intellectual property in the cannabis industry. Complaint at 9-10, Palmer, et al. v. Komm et al., No. 21-2-13589-3 SEA...more

Seyfarth Shaw LLP

Indica and IP – A Series on the Intersection of Cannabis and Intellectual Property

Seyfarth Shaw LLP on

Recently, we published an article regarding the increasing viability of cannabis related patents. See here. Sadly, the story is the opposite for federal trademarks. Last month, National Concessions Group, Inc. (“NCG”) was...more

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

MarkIt to Market® - May 2023: Watching the Pot™

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

In a precedential decision earlier this month, the Trademark Trial and Appeal Board upheld refusals to register two trademarks owned by National Concessions Group Inc. (“National”) on the ground that the goods – essential oil...more

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

MarkIt to Market® - May 2023

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

Thank you for reading the May 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss Taco Bell's attempt to cancel two TACO TUESDAY trademark registrations, and a precedential TTAB decision...more

Dunlap Bennett & Ludwig PLLC

Can I get a trademark, copyright, or patent for Cannabis-related products?

Dunlap Bennett & Ludwig PLLC on

Can I get a trademark, copyright, or patent for Cannabis-related products? Maybe. Individuals and businesses crave certainty. With every emerging area of law; however, comes a certain degree of uncertainty. ...more

Lippes Mathias LLP

The Blunt Reality of Trademark Registration for Cannabis Marks

Lippes Mathias LLP on

With the list of states that have legalized adult-use cannabis continuing to grow, businesses are entering the industry at a rapid pace. However, one of the biggest questions facing these businesses is how to develop and...more

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

MarkIt to Market® - September 2021

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

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

Steptoe & Johnson PLLC

Strategies for Securing Brand Protections for Cannabis Companies

Steptoe & Johnson PLLC on

It has been two years since the federal “Farm Bill” removed hemp from the definition of marijuana, rendering cannabis plants and derivatives (such as CBD derived from hemp) that contain no more than 0.3% of THC on a...more

Foley & Lardner LLP

Reading the Leaves: What's in Store for Cannabis in 2021

Foley & Lardner LLP on

On the heels of a year beset by turmoil and the myriad challenges caused by the global pandemic, the cannabis industry nevertheless entered 2021 poised for significant growth amid a landscape teeming with opportunity. Public...more

Fox Rothschild LLP

The TTAB Affirms Refusal Of Another CBD Mark On “Lawful Use” Grounds

Fox Rothschild LLP on

On September 25, 2020, the TTAB issued a non-precedential decision summarily rejecting an applicant’s attack against an examining attorney’s refusal to register the mark NATURAL LEAF CBD LIVE BETTER NATURALLY & Design for use...more

Rivkin Radler LLP

Cannabis Investors and Producers Face Need for Due Diligence

Rivkin Radler LLP on

The cannabis industry is growing in leaps and bounds, but entrepreneurs interested in developing cannabis companies – as well as business people interested in investing in them – must make certain that they know what they are...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

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

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

What Does a Plant Patent Covering the Charlotte's Web Strain Mean for the CBD Industry?

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

Many cannabis and investor news outlets recently reported that the United States Patent & Trademark Office (USPTO) awarded what appears to be the first patent for a hemp strain to Denver-based Charlotte’s Web Holdings...more

Akerman LLP

Trademark Protection And The Cannabis Sector

Akerman LLP on

Companies entering into the emerging market for medical and recreational marijuana products and services will face unique challenges when attempting to protect trademarks. Such challenges include brand protection in states...more

ArentFox Schiff

Hope of Trademark Registration for Cannabis Vaporizer Goes Up in Smoke

ArentFox Schiff on

The United States Trademark Trial and Appeal Board (TTAB) recently refused registration to two trademark applications for cannabis and marijuana vaporizers, finding no bona fide intent to lawfully use the marks in commerce...more

Jaburg Wilk

The Path to Registering Certain Types of Cannabis Trademarks is Now a Little Less Hazy

Jaburg Wilk on

Unlike patents and copyrights, obtaining a federally registered trademark requires (among other things) that applicants abide by the “lawful” use in commerce requirement. In other words, the United States Patent and Trademark...more

52 Results
 / 
View per page
Page: of 3
Next »

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide