Cannabis Trademark Protection: Intellectual Property Attorneys Share Branding Tips

According to the United States Patent and Trademark Office (USPTO), a trademark:

“is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goals of one party from those of others.”

Upon filing a trademark application in the cannabis (and any other) field, the U.S. Patent and Trademark office will review the application to ensure that there are no other similar applications that have been approved. Before reaching this stage though, potential applications should work on developing a strong trademark that they can protect over the long-term, and to verify the trademark with an attorney before applying.

Recently, the USPTO issued a new guidance for cannabis trademarks. The guidance, issued on May 2, 2019, is for examiners on how to handle cannabis trademarks. However, those applying for cannabis trademarks may have a lot to learn from the guidance, which can give them insight into what examiners may look for.

According to the guidance, which can be read in full here: https://www.lexology.com/library/detail.aspx?g=85507f7c-15b4-4aa8-959e-d00ada6ac5a9

• “The USPTO appears to be allowing hemp trademarks for textiles and topicals.
• The USPTO will not allow trademarks for dietary supplements or edibles.
• The USPTO will not allow trademarks on anything containing more than .3% THC or any cannabis product that was not derived from hemp.
• It is unclear whether the USPTO will allow trademarks on hemp production yet.”