Note that this field may be subject to changes and developments more than others when it comes to trademark registration strategies. Contact a lawyer to discuss your needs.
Businesses and brands in the field of cannabis, cannabidiol (CBD), and hemp need to be aware of special considerations when it comes to brand protection. The overlapping state and Federal issues regarding the regulation and legality of these products provide unique challenges and strategies related to trademark protection. Key considerations for brand owners in these fields:
- Is state trademark protection available?
- Is USPTO Federal trademark protection available for core products or services (if they are not barred by the Controlled Substances Act (CSA) or other Federal regulations)?
- If the answer to the prior question is “No,” is USPTO registration available for auxiliary products or services that aren’t affected by the CSA, such as providing information via a website, or apparel?
- If USPTO registration is not a viable option now, are you prepared to move forward quickly if the laws and regulations change?
- Are trademarks, copyrights, and intellectual property covered in agreements, licenses, and contracts? While such provisions are valuable in any industry, they are even more important when trademark registration options may be limited.
- Have you been counseled regarding potential state, Food and Drug Administration (FDA), and other regulations covering packaging and use of brand names and logos on certain products.
Since 2018 Farm Bill law made many hemp and CBD products and services legal under Federal law, and could be eligible for USPTO trademark registration.
For more, see New trademark development for cannabis, CBD, and hemp brands
