Trademarking Cannabis
By Desirée Townsend
The U.S. Drug Enforcement Administration (DEA) classifies cannabis as a Schedule I drug. On May 16, 2024, the DEA issued a proposed rule to reclassify marijuana from a Schedule I to a Schedule III drug in a category which includes medications such as steroids, Tylenol, and testosterone. The reclassification will take several months, but upon completion the doors could potentially open at the USPTO for cannabis brands to legally file trademark applications for their products.
Until such time, some of the more forward thinking cannabis brands have been legally filing trademarks at the USPTO for goods or services that either contain no cannabis, or contain cannabidiol (CBD) derived from industrial hemp having no more than 0.3% tetrahydrocannabinol (THC), or contain delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
The allowance of cannabis-derived goods such as cannabidiol (CBD) was instituted within the enactment of the 2018 Farm Bill. Click here to read more on how the USPTO reviews trademark applications containing CBD.
Many law firms have been advising their cannabis clients to employ one of a few strategies to prepare for the day that cannabis is legalized:
File a trademark application for a cannabis brand selling products that contain no cannabis or CBD to secure the brand in a particular class of goods, such as Class 034 for smoker's articles.
File trademark applications for products containing the federally allowed CBD derived from industrial hemp and having no more than 0.3% tetrahydrocannabinol (THC) or delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
Filing a trademark application for other classes to secure the brand for products such as clothing (Class 025), or services such as an online retail store (Class 035), or entertainment, educational, or event services in the field of cannabis (Class 041).
Class 025: T-shirts, shorts, hats, sweatshirts, hoodies, sweatpants. socks
Class 034: Tobacco jars; smokers' rolling trays
Class 034: Electronic cigarette liquid (e-liquid) comprised of CBD and flavoring; Tobacco substitutes comprised of CBD; all of the foregoing CBD-containing goods derived from cannabis with a delta-9 THC concentration of not more than 0.3% on a dry weight basis
Class 034: Smoker's articles, namely, cigarette lighters
Class 041: Education services, namely, patient training in the field of the health risks and benefits from the use of medical marijuana
As always, consult with an attorney before taking action on any of the items contained within this article.
Disclaimer: The information contained on this website is provided for informational purposes only and should not be construed as legal advice. SparkMarks™ is not a law firm. SparkMarks™ makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the information contained on our site for any purpose. SparkMarks™ provides the information contained on this site for general informational and educational purposes only and should not be construed to be legal advice or a substitute for legal counsel. Any reliance you place on such information is therefore strictly at your own risk. Should you have questions or need legal advice, please contact an attorney. Your use of this website is also subject to our Terms of Use and Privacy Policy. Copyright © 2024. All Rights Reserved. SparkMarks™