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More CBD Certainty: Clearing Confusion over Hemp in New York State
The State of Cannabis in New York
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Podcast: Non-binding Guidance: FDA’s Regulation of Products Containing CBD
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
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
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
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
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
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
On September 25, 2020, the TTAB issued a non-precedential decision summarily rejecting an applicant’s attack against an examining attorney’s refusal to register the mark NATURAL LEAF CBD LIVE BETTER NATURALLY & Design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
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
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
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
Almost one year ago, the 2018 Farm Bill was signed into law, and, for the first time, hemp and hemp-derived cannabidiol (CBD) were federally legalized. Under the statute, legal hemp is defined as “the plant Cannabis sativa L....more
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
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
It has been five months since the U.S. Patent and Trademark Office (USPTO) clarified how it will handle trademarks for hemp and hemp-derived CBD products, yet it seems like trademark examining attorneys are (rightfully so)...more
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
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
In a case affecting the fast-growing legal cannabis industry, the Trademark Trial and Appeal Board (“TTAB” or “Board”) affirmed the United States Patent and Trademark Office’s (“USPTO”) refusal to register two trademarks for...more
Legal or not, the cannabis industry is booming. Indeed, analysts have projected that in North America alone it will grow from $9.2 billion in 2017 to $47.3 billion in 2027. Despite marijuana’s illegal status in most...more
Legalizing “hemp” under the Agricultural Improvement Act of 2018 (2018 Farm Bill) has triggered an important change for the examination of federal trademark applications concerning cannabis and cannabis-derived goods and...more
The continuing internal tension between various agencies and offices of the U.S. federal government over how to address the (seemingly) unstoppable growth of the marijuana industry in light of current federal law has been a...more
Brand owners seeking to register cannabis-related trademarks take note: the U.S. Patent and Trademark Office (USPTO) recently issued guidance regarding the effects of the 2018 Farm Bill on the registration of trademarks for...more
Earlier this month, the United States Patent and Trademark Office (“USPTO”) issued Examination Guide 1-19, intended to “clarify the procedure for examining marks for cannabis and cannabis-derived goods and for services...more
The U.S. Patent and Trademark Office ("USPTO") generally refuses to register marks that violate federal law. Hemp and hemp-derived CBD were previously classified as Schedule I controlled substances under the Controlled...more
The United States Patent and Trademark Office recently issued a new Examination Guide relating to trademarks for cannabis and cannabis-related goods and services....more
The United States Patent and Trademark Office will now allow federal trademark registration for marks used on some hemp-based products, including those containing hemp-derived CBD, except for foods, beverages, dietary...more