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ARTICLE · 11 FEBRUARY 2020

Challenges of New Hemp Brands

Ward and Smith, P.A
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Trademarks include the elements that constitute a "brand." Trademarks typically consist of words, phrases, symbols, designs, or any combination of those things...

United StatesIntellectual Property
Erica Rogers
Erica Rogers

Trademarks include the elements that constitute a "brand." Trademarks typically consist of words, phrases, symbols, designs, or any combination of those things, identifying and distinguishing the source of the goods or services of one party from the goods or services of another. 

The December 20, 2018 enactment of the Agriculture Improvement Act of 2018 ("2018 Farm Bill"), among other things, decriminalized hemp and hemp-derived CBD, and opened the doors for brand protection at the U.S. Patent and Trademark Office ("USPTO"). Hemp breeders, growers, processors, manufacturers, distributors, and retailers can now seek federal registration for trademarks or service marks (collectively, "marks") by submitting an application. However, there are some limitations to this open door.

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