News & Analysis as of

United States Patent and Trademark Office Marijuana Related Businesses Hemp

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 -
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

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

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

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

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.

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

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

Akerman LLP - Marks, Works & Secrets

Cannabis Trademarks Redux

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

Mintz - Intellectual Property Viewpoints

Navigating the Legalization of Hemp under the 2018 Farm Bill Involves Changes to the Issuance of Federal Trademarks in the...

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

Lowndes

CBD Trademarks Out of the Weeds

Lowndes on

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

Hogan Lovells

The A-CBDs of Registering Hemp-Related Trademarks: New Guidance from the USPTO

Hogan Lovells on

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

Ward and Smith, P.A.

2018 Farm Bill and Federal Trademark Protection for Hemp

Ward and Smith, P.A. on

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

Akerman LLP - Marks, Works & Secrets

Marks For Hemp and Cannabis

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

Dorsey & Whitney LLP

Some CBD Trademarks Are Now Federally Registrable Based on New Guidance from the USPTO

Dorsey & Whitney LLP on

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

Seyfarth Shaw LLP

Likely To Be Dazed and Confused – An Update

Seyfarth Shaw LLP on

Seyfarth Synopsis: Regular readers will recall that in March we blogged about cannabis-related trademarks. We now have an update...more

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