Don't Rush To Apply For That CBD Trademark Just Yet!

As we previously reported, the United States Patent and Trademark Office (USPTO) issued a trademark examination guide last year, broadening the class of cannabis-related goods for which cannabis companies could register their trademarks. The examination guide explained that, because certain hemp-based products with less than 0.3% THC–including CBD–are no longer controlled substances under the Controlled Substances Act (CSA), companies could apply to register trademarks in connection with those goods.

The examination guide included a caveat that this expansion only included hemp-based products, and that CBD derived from marijuana was still unlawful under federal law. Furthermore, the USPTO warned that because CBD use as a food additive is still under investigation by the FDA, the use of CBD in foods or dietary supplements is still unlawful and marks seeking registration for such use should be refused.