Ben Natter and Jessica Sblendorio partnered with Mexican
colleagues, Mauricio Chozas and Lorena Pinto, from Cuesta Campos to comment on
global developments for the registration of cannabis and
cannabis-related trademarks in the United States, Canada, Mexico,
and the European Union.
Federal trademark registration in the United States provides
strong protection for brands and intellectual property. The United
States Patent and Trademark Office ("USPTO") will not
grant such protection for marks that cover goods and/or services
that are a violation of federal law, regardless of whether the
activities associated with the goods or services is legal under
state law. See 37 C.F.R. § 2.69. This principle has generally
barred businesses in the cannabis industry from being able to
register marks associated with their cannabis and cannabis-related
goods and services. However, in May 2019, the USPTO issued new
guidance on the examination of cannabis and