As we previously reported, the United States Patent and Trademark Office (USPTO) issued a trademark examination guide last year, broadening the class of cannabis-related goods for which cannabis companies could register their trademarks. The examination guide explained that, because certain hemp-based products with less than 0.3% THC–including CBD–are no longer controlled substances under the Controlled Substances Act (CSA), companies

Continue Reading Don’t Rush to Apply for that CBD Trademark Just Yet!

The Trademark Trial and Appeal Board (“TTAB” or the “Board”) recently affirmed two refusals to register trademarks:

1) an intent-to-use trademark application for POWERED BY JUJU for “smokeless cannabis vaporizing apparatus, namely, oral vaporizers for smoking purposes; vaporizing cannabis delivery device, namely, oral vaporizers for smoking purposes”, initially refused based on a lack of bona fide intent to use the mark in lawful commerce; and

2) a use-based application for JUJU JOINTS for “smokeless marijuana or cannabis vaporizer apparatus, namely, oral vaporizers for smokers; vaporizing marijuana or cannabis delivery device, namely, oral vaporizers for smoking purposes”, initially refused based on lack of lawful use in U.S. commerce.
Continue Reading Bad JuJu: No Federal Trademark Protection for Marks Covering Marijuana Vaporizers