Despite the fact that cannabis has been legalized for medical and recreational use in many states, it’s still not legal under federal law. The United States Patent and Trademark Office (the USPTO) will not register trademarks for goods or services that violate the federal law. Until recently, it has been all but impossible to register a trademark for cannabis products that contain any level of THC or CBD.
But…There is some hope!
The 2018 Farm Bill legalized hemp and hemp-derived products for commercial use. Specifically, it is now lawful to sell products or goods that contain less than 0.3 percent of THC. Which means the USPTO will now permit trademark registrations for those types of products. Woohoo! ….right?
Well, there’s one more problem. The Food and Drug Administration (the FDA) still hasn’t approved the use of hemp-derived products in food or food supplements. Unfortunately, it’s still an uphill battle to register trademarks for hemp-derived products in food.
Don’t cannabis businesses deserve the same level of brand protection as other businesses? Of course they do! There are still a few steps you can take to protect your brand and trademarks for your cannabis business or cannabis products.
Intent To Use:
One option to protect your trademark for your cannabis products is to file a trademark application with the USPTO on an intent to use basis. Basically, this means you aren’t selling the products right now, but you intend to do so soon. You wouldn’t be the first either! There’s been an influx of intent-to-use applications being filed with the USPTO for hemp-derived products that don’t currently qualify for federal registration. This allows your business to get your foot in the door and stake your claim on your trademark. While the USPTO figures out how it will apply these changing regulations to trademark applications. If the future law allows the sale of these products, then the applications will already be in the system and the process will be started.
This episode of All Up in Yo Business describes the options for protecting the brand and trademarks for your cannabis products or cannabis business. Check out the full video to learn more!
If you’re ready to take your business and your brand to the next level, check out Brand Bombshell, our all-inclusive trademark registration package that will take your brand from blah to bomb. And be sure to subscribe to our YouTube channel for more All Up In Yo’ Business!