News & Analysis as of

Hemp Trademarks

Ward and Smith, P.A.

2025 USPTO Fee Changes Disproportionately Impact Hemp Businesses

Ward and Smith, P.A. on

The new fee structure is presented as a neutral pricing adjustment to replace the current TEAS Plus and TEAS Standard application filing options with a single base application option that changes based on the "complexity and...more

McGlinchey Stafford

Five Things Celebrity Athletes and Musicians Should Consider When Entering into Cannabis Branding Agreements

McGlinchey Stafford on

What do Megan Rapinoe, Kevin Durant, Shawn Kemp, Calvin Johnson, Willie Nelson, Wiz Kalifa, Margo Price, and Sublime all have in common? They all have created their own boutique cannabis brands. As cannabis has become more...more

ArentFox Schiff

Top 10 Legal Issues in the Cannabis Industry in 2024

ArentFox Schiff on

In an industry known for its fast-paced changes, 2024 will be no different for cannabis. For all those with an eye on the industry, the number one question remains, is this the year for rescheduling? The answer is, maybe. And...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

Troutman Pepper Locke

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

Troutman Pepper Locke 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

International Cannabis Bar Association...

[Hybrid Event] Global Cannabis Intellectual Property Symposium 2023 - September 28th - 29th, Montreal, Quebec, Canada

Unlock the Future of Cannabis Innovation at INCBA’s Global Cannabis IP Symposium at McGill University in Montreal, Canada. Join INCBA for this groundbreaking two-day event dedicated to intellectual property in cannabis. Gain...more

Miller Nash LLP

The Struggle is Real: Federal Trademark Registration for Cannabis and Hemp-Derived Food and Beverages Remains Illusive

Miller Nash LLP on

Although commercial use of a trademark alone triggers rights in a mark, wise business owners endeavor to take advantage of the added benefits and protections conveyed by federal registration. One of the most important...more

Husch Blackwell LLP

That Ninth Circuit Delta-8 Opinion and What’s Followed – It’s Not a Green Light for Intoxicating Hemp

Husch Blackwell LLP on

The debate surrounding delta-8 THC and the proper regulation of intoxicating hemp products has accelerated greatly over the last several months, fueled by multiple court decisions, federal policy actions, and new state laws....more

McGuireWoods LLP

Delta-8 Debate: Employment and Trademark Litigation in CBD and Cannabis Reaches New High

McGuireWoods LLP on

A recent federal court ruling that attempted to set down a distinct line between marijuana and low-THC products (like CBD and delta-8) has led many to make broad conclusions as to what it means for various products. Courts...more

Kelley Drye & Warren LLP

Ninth Circuit Decision Provides Clarity While Raising New Questions

The Ninth Circuit Court of Appeals recently held in AK Futures LLC v. Boyd St. Distro, LLC that delta-8 THC is legal for purposes of trademark protection. 35 F.4th 682, 686 (9th Cir. 2022). The rationale behind this ruling...more

Seyfarth Shaw LLP

Delta-8 THC Offers a Path to Trademark Protection

Seyfarth Shaw LLP on

A recent federal appeals court decision has shed light on the legal status of delta-8 tetrahydrocannabinol (“delta-8 THC”) and its implications for cannabis brand owners. The United States Court of Appeals for the Ninth...more

Kelley Drye & Warren LLP

CBD and Hemp Legal and Regulatory Roundup – October 2021 #3

Kelley Drye & Warren LLP on

Welcome to our weekly roundup of CBD and hemp-related legal and regulatory news: CBD - CBD company sues YouTube channel for intimidation, IP infringement - CBD brand FullSend is seeking a declaratory judgment that it has...more

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

MarkIt to Market® - March 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

Dorsey & Whitney LLP

TTAB Weighs in on Registrability of CBD Trademarks

Dorsey & Whitney LLP on

In a precedential decision earlier this year, the Trademark Trial and Appeal Board thinned some of the haze surrounding the registrability of trademarks for hemp-derived CBD products. In line with the U.S. Patent and...more

BakerHostetler

Patenting All Things Cannabis: A Primer

BakerHostetler on

Cannabis sales in America are an economic force, legal reported sales exceeded 10 billion in 2019. Eleven states allow legal recreational use (like alcohol for those over 21) and legal for medical use in an additional 23...more

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

MarkIt to Market® - September 2020: CB – Don'ts

Creativity abounds in the CBD industry – both in the wide variety of products infused with it, and in the efforts undergone by applicants trying to circumvent the Trademark Act to register per se unlawful CBD-infused...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

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

MarkIt to Market® - June 2020: CBD Ingredient Brands - Trademark Registration Is Possible, but May Be a Tough Pill to Swallow

A June 16, 2020 precedential decision by the Trademark Trial and Appeal Board held that Federal trademark registration is not available for food, beverages, or nutritional/dietary supplements to which hemp-derived cannibidiol...more

Lowndes

Farm Bill Does Not Save Hemp Trademark Application

Lowndes on

In 2018, when the Farm Bill was signed into law, hemp cultivators and extract producers were hopeful that the federal pressure on their industry might begin to ease. The 2018 Farm Bill removed hemp from the Controlled...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

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

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

MarkIt to Market® - November 2019: USDA's New Hemp Rules are a Step Towards Federal Trademark Registration

On October 29, 2019, the U.S. Department of Agriculture (USDA) released its long-awaited interim final rule establishing a national regulatory framework for domestic hemp production, called the U.S. Domestic Hemp Production...more

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

MarkIt to Market® - October 2019: Hot Off the Press: USDA Issues Interim Rules for Legal Hemp Cultivation

On October 29, 2019, the U.S. Department of Agriculture (USDA) released its long-awaited interim rules allowing for the legal cultivation of hemp under the 2018 Farm Bill. With these rules in place, the USDA can start...more

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

MarkIt to Market® - October 2019

The October 2019 issue of Sterne Kessler's MarkIt to Market® newsletter discusses three "lawful use" cannabis trademark decisions, a recent FTC settlement with a cosmetics company, and the USDA's newly issued interim rules...more

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