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ARTICLE · 04 MARCH 2020

Global Developments And Considerations For Registering Cannabis And Cannabis-Related Trademarks

Ben Natter and Jessica Sblendorio partnered with Mexican colleagues, Mauricio Chozas and Lorena Pinto, from Cuesta Campos to...

GlobalCannabis & Hemp

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

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