U.S. trademark owners must file regular maintenance documentation with the U.S. Patent and Trademark Office (“USPTO”) to show that the owner is still using its trademark “in commerce” during the period leading up to the...more
A California federal judge recently reminded cannabis trademark owners that the manufacture and sale of cannabis products remain illegal under federal law, so they cannot challenge federal trademark registrations based on...more
The Trademark Trial and Appeal Board (“TTAB”) reiterated once again that you cannot register marijuana marks at the federal level. The TTAB announced its decision on July 16, 2019, rejecting Canopy Growth Corporation’s, a...more
Supreme Court Again Strikes Down Trademark Restrictions-
Yesterday the United States Supreme Court announced its decision in Iancu v. Brunetti, holding that prohibiting trademarks that consist of or comprise immoral or...more
6/26/2019
/ Appeals ,
Constitutional Challenges ,
First Amendment ,
Free Speech ,
Iancu v. Brunetti ,
Lanham Act ,
Reaffirmation ,
Reversal ,
Scandalous/Immoral Marks ,
SCOTUS ,
Trademark Registration ,
Trademarks ,
USPTO ,
Viewpoint Discrimination
Trademark practitioners, hemp producers, and hemp-derived product manufacturers have long struggled with the clash of federal and state law regarding protection of trademarks with the United States Patent and Trademark Office...more
5/7/2019
/ Cannabidiol (CBD) oil ,
Controlled Substances Act ,
Corporate Counsel ,
Farm Bill ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Hemp ,
Popular ,
Trademark Application ,
Trademark Registration ,
Trademarks ,
USPTO