CBD
Can I register a trademark for a cannabis hemp business?
07/25/19 Trademark
By Sadeer Farjo, JD
Many states have legalized marijuana. Similar to other companies, cannabis hemp businesses also want to protect their brand with a federal trademark registration.
Can a cannabis hemp business get trademark protection for their marijuana-related product?
Even though some states (including Michigan) have legalized Marijuana for certain purposes, cannabis-related products are still restricted according to federal law. One of the requirements to get a trademark registration is that the use of the trademark must be lawful.
How is marijuana defined?
In 2018 President Trump signed the Farm Bill which removed hemp that contains no more than .3% THC from the list of controlled substances. Generally speaking the definition of marijuana, under the Controlled Substance Act, does not include hemp that contains less than .3% THC.
Does that mean I can register a trademark for hemp and CBD products (that are derived from hemp) as long as the products contain no more than .3% THC?
According to the United States Federal Food, Drug, and Cosmetic Act (FDCA) marijuana, hemp, and CBD goods that are ingestible are not lawful. Thus it leads us to believe that food, drinks, and supplements containing marijuana, hemp, and CBD are not registrable without approval from the FDA.
Can any CBD or cannabis hemp products or services be registered?
Maybe. There is a very strong argument that CBD topical creams containing less than .3% THC can receive a trademark registration. Additionally, marijuana educational and advocacy services can receive trademark registration.
A product that is intended to be used for purposes other than marijuana related uses, but just so happens to also be used by some people for marijuana, can potentially be registered if that product disclaims the marijuana use. For example, the United States Patent and Trademark office registered the trademark BAKEBROS (Reg. No. 5760821) for "Smoker's articles, namely, smoking pipes and oral smokeless vaporizers, and not for use with marijuana-related goods."
A Trademark application process for a cannabis hemp business and other related goods and services can be complex. You are encouraged to schedule a consultation with us by clicking here.
The brief post above is just informational. It does not create an attorney-client relationship. You are not to rely on the above information, rather, you should seek a competent legal counsel to advise you for your particular situation.