Federal trademark registrations are now possible to obtain for some hemp-related trademarks.  The U.S. Patent and Trademark Office’s (USPTO) recent guidance, Examination Guide 1-19  “Examination of Marks for Cannabis and Cannabis-Related Goods and Services after Enactment of the 2018 Farm Bill” issued on May 2, 2019 (Guide 1-19), clarifies the procedure for examining applications for marks covering cannabis and cannabis-derived goods and services in light of the Agriculture Improvement Act of 2018, Pub. L. 115-334 (also known as the “2018 Farm Bill”).  Guide 1-19 does not change the requirements for obtaining a trademark registration, but instead explains that hemp-related federal trademark registrations (in certain instances) are not barred as a matter of law. 
Continue Reading USPTO Allows Hemp-related Trademarks on or after December 20, 2018

Cannabidiol (CBD) competed with Vitamin C as a top ingredient in new cosmetic products this past year, with promises of having anti-inflammatory effects and other healing properties. Amid the hype, at the end of 2018, the Agriculture Improvement Act of 2018, P.L. 115-334 (the “2018 Farm Bill”) was signed into law, changing the marketing of hemp and derivatives of cannabis and further removing hemp from the Controlled Substances Act thereby making it no longer an illegal substance under federal law. See Section 297A. The 2018 Farm Bill amended the definition of “hemp” to specifically include “all derivatives, extracts, cannabinoids,” which has been construed as an attempt to include hemp-based CBD under the definition of industrial hemp. The 2018 Farm Bill allows, subject to certain restrictions, hemp cultivation, along with the sale, transport (including via interstate commerce), and possession of hemp-derived products.
Continue Reading “C” is for…

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

After last week’s dizzying amount of news, it’s nice to settle down a bit and have more of a “regular” news flow.  Not that things haven’t been happening; the elections have led to new initiatives surrounding marijuana.

For instance, there’s some
Continue Reading The Week in Weed: November 16, 2018

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

Ohio’s medical marijuana market was set to open in September, but there’s been a delay.

Ohio had set a Sept. 8 deadline to
Continue Reading The Week in Weed: June 15, 2018