Trademarks, Food and Drug Administration (FDA), Intellectual Property Protection

[Webinar] Overcoming Unique Issues Regarding Trademark Searching and Filing for the Pharmaceutical Industry - April 24th, 2:00 pm...

Rothwell, Figg, Ernst & Manbeck, P.C. on 3/5/2024

Trademarks in the pharmaceutical industry are important not only as part of a company’s intellectual property portfolio, but also as a matter of public health, and obtaining a trademark registration in the pharmaceutical...more

Avoiding a Bad Trip: How Cannabis Companies Can Mitigate the Risk of an Infringement Lawsuit

Dickinson Wright on 8/31/2023

Over a decade has passed since recreational cannabis began to see legalization at the state level. Yet cannabis businesses continue to grapple with protecting their brands, as trademark protection at the federal level remains...more

I Wish I Knew What I Know Now: Conversations With AGG on FDA Issues - Tell Me Lies, Tell Me Sweet Little Lies: FDA Is Not My Only...

Arnall Golden Gregory LLP on 3/29/2023

In this episode, Alan G. Minsk, AGG Food & Drug team leader, and Anuj Desai, AGG Intellectual Property partner and head of Trademarks, discuss recent developments that remind our audience in the food and drug space that FDA...more

[Webinar] 40th FDA Boot Camp - March 22nd - 23rd, 8:15 am - 1:30 pm EST

American Conference Institute (ACI) on 2/27/2023

Hosted by American Conference Institute, the FDA Boot Camp returns for its 40th iteration with the continued intent of providing the working knowledge of core essentials of FDA law and regulation, including the new amendments...more

MarkIt to Market® - January 2023

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 1/31/2023

Thank you for reading the January 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss an ongoing trademark dispute between the band OK Go and cereal company Post, how to stay vigilant about...more

[Virtual Conference] FDA Boot Camp - September 14th - 15th, 8:15 am - 1:30 pm EST

American Conference Institute (ACI) on 7/5/2022

Through nearly 19 years, ACI’s FDA Boot Camp has been the training grounds for life sciences attorneys and executives to master the fundamentals of FDA regulation. Don’t miss your opportunity to join their ranks....more

Cannabis Legal Report - June 2022

Perkins Coie on 6/7/2022

Cannabis: In Focus - • Candy Companies Defend Their Trademarks, Consider THC Copycat Products a Health Hazard • Iowa Supreme Court Upholds Possession Conviction, Even With Out-of-State Registry Card... ...more

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

Bradley Arant Boult Cummings LLP on 11/23/2021

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

MarkIt to Market® - July 2021

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 7/26/2021

[co-author: Richa Patel, Summer Associate] The July 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses fluid trademarks and the Cannabis Administration and Opportunity Act. Plus, check out the answer key...more

3D Printing Half-Year Report - Q2 2021

Benesch on 7/21/2021

Is 3D printing the next litigation frontier? Litigation over 3D printing will become increasingly more prevalent as the technology becomes less expensive to build due to rising demand, some lawyers say. A federal court in...more

Trademark Protection for CBD Supplements

Steptoe & Johnson PLLC on 6/11/2021

There are over 2,000 pending federal trademark applications for supplements containing cannabidiol ("CBD"). None of these applications is likely to proceed to registration under current law....more

Spilling the Tea on Lawful Use According to the Trademark Office

Burns & Levinson LLP on 6/7/2021

Does a trademark applicant’s belief that the cannabis goods specified in its trademark application will become federally lawful in the future provide a sufficient basis upon which to predicate its claimed “intent to use” the...more

Cannabis Trademarks 101

Vicente LLP on 4/29/2021

In an industry that runs on innovation and differentiation, a cannabis brand’s identity is among its most valuable—and most prone to copying—assets. It’s a common myth that cannabis industry brands cannot get trademark...more

MarkIt to Market® - March 2021

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 4/5/2021

The March 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses fair use cases for photographs and three recent developments in the cannabis space. We also highlight recent accolades earned by Sterne Kessler's...more

IP and Cannabis: The Current Landscape

Fish & Richardson on 12/3/2020

Cannabis is a rapidly growing industry; in 2019, overall sales of cannabis products legal under state law were estimated to be worth $13.6 billion, with an expected increase to $29.7 billion by 2025. While marijuana remains a...more

New Pilot Program Announced for Expediting COVID-19 Related Trademark Review

Ballard Spahr LLP on 6/18/2020

On June 15, 2020, the United States Patent and Trademark Office (USPTO) announced the creation of a second COVID-19 Prioritized Examination Pilot Program, this time for COVID-19 related trademark and service mark...more

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

Haug Partners LLP on 3/5/2020

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

Trademarks Require “Use in Commerce” – But What If You Need Regulatory Approval Before Selling Your Product?

Knobbe Martens on 11/7/2019

The U.S. Patent and Trademark Office (USPTO) allows for a trademark application to be filed on an “Intent to Use” basis to establish a priority date before the mark is actually “used in commerce.” However, such use in...more

IP Hot Topic: FDA Expedites its Efforts to Release CBD Regulations

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 8/1/2019

Products containing cannabidiol (“CBD”), a compound derived from cannabis, are part of a growing market that some analysts have projected will reach over $2.3 billion by 2022. CBD products—from gummy bears and pet products to...more

USPTO Issues Exam Guide Regarding Registration of Marks for Cannabis and Cannabis-Related Goods and Services in Light of 2018 Farm...

Davis Wright Tremaine LLP on 5/13/2019

To date the USPTO has refused to issue registrations for trademarks used in connection with cannabis and cannabis-related goods and services because all such goods and services are deemed illegal on Federal Law. ...more

Trademarks › Food and Drug Administration (FDA) › Intellectual Property Protection