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ARTICLE · 21 JUNE 2023

Up In Smoke: Cannabis TM Rejection Shows Need For Caution

Duane Morris LLP
Duane Morris LLP
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On May 3, the TTAB affirmed the USPTO's previous decision to reject an application for ‘Bakked'. The filing was intended to cover an essential oil dispenser and was submitted by cannabis company...

United StatesCannabis & Hemp
Christiane Campbell
Christiane Campbell
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On May 3, the TTAB affirmed the USPTO's previous decision to reject an application for 'Bakked'. The filing was intended to cover an essential oil dispenser and was submitted by cannabis company National Concessions Group (NCG). [...]

[T]he USPTO examiner, as the TTAB reaffirmed, found that the "primary intended purpose" was to dispense cannabis-based oil to a vaping or smoking device.

Hazy Descriptions

Christiane Schuman Campbell, partner at Duane Morris in Philadelphia, says the word "primary" is significant.

She notes that companies often seek protection for devices used by smokers, such as rolling papers that could have tobacco in them or vape pens that could have nicotine-type oils.

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Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.

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