News & Analysis as of

United States Patent and Trademark Office › Marijuana › Plant Based Products

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 -
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

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

Seyfarth Shaw LLP

What’s the Delta?  How Delta-8 Can Provide Trademark Rights for Hemp and Marijuana

Seyfarth Shaw LLP on

A Texas appellate court recently upheld a decision to prevent a ban on the sale of delta-8 tetrahydrocannabinol (THC) products in the state.  Tex. Dep’t of State Health Servs. v. Sky Mktg. Corp., No. 03-21-00571-CV, 2023 BL...more

Cozen O'Connor

The Ever Evolving Regsitrability of Trademarks for CBD Products

Cozen O'Connor on

Examining attorneys at the U.S. Patent and Trademark Office (USPTO) are citing a recent 2020 decision by the Trademark Trial and Appeal Board (TTAB) to support the position that trademarks for many products (particularly...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

As we 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...more

Akerman LLP - Marks, Works & Secrets

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

Akerman LLP - Marks, Works & Secrets on

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

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