Products involving CBD and hemp seeds have been rapidly flooding the market in the United States, and businesses have sought and are seeking to protect their brands in connection with products in this emerging market, given the legalization of various forms of marijuana in individual states. Since the United States Patent and Trademark Office (USPTO) released its examination guidelines for examining trademark applications for cannabis and cannabis-related goods and services in May of 2019,1 the legal landscape concerning the types of goods and services that businesses can obtain trademark protection for is constantly evolving. While the USPTO will not allow applicants to register federal trademarks for goods in “violation of federal law,” it does allow applicants to register trademarks for cannabis and cannabis-related goods and services if the use in commerce is lawful. This article takes an up-to-date look at the types of cannabis-related goods and services that can obtain trademark registration, and where they can be registered.
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