Regular readers will recall that in March we blogged about
cannabis-related trademarks. We now have an update:
On May 2, 2019, the USPTO distributed an Examination Guide updating their practices
after passage of the 2018 Farm Bill on December 20, 2018. The Farm
Bill removes "hemp" from the definition of
"marijuana" in the Controlled Substances Act (CSA), so
now hemp-based products, like CBD, with less than 0.3% THC are no
longer controlled substances. Accordingly, for applications filed
after December 20, 2018, the USPTO will not refuse applications on
the basis of the goods being unlawful under federal law if the
application covers hemp-related goods and services now legal under
the CSA. If an application filed before December 20, 2018 for the
applicable goods was refused but the application is still pending,
the USPTO will allow the applicant to amend its filing date.
Applicants should also note that some CBD products that are
undergoing FDA testing are still
