USPTO makes revisions to its cannabidiol trademark policy
It seems as though there is reform taking place in many aspects of the marijuana industry in the United States as more states make the decision to legalize it. In New Jersey, it is still illegal. However, the United States Patent and Trademark Office allows individuals and businesses to obtain trademarks for certain cannabis products. Their policy, up until recently, allowed brand owners to obtain trademark protection of cannabidiol and other extracts, as long as the product didn’t violate the Controlled Substances Act or the Lawful Use Rule. So, the owner couldn’t actually protect cannabis itself.
The USPTO just recently changed its policy after the Drug Enforcement Agency made changes to how it classifies cannabidiol, or CBD. According to the Drug Enforcement Agency, certain cannabidiol is legal if it is derived from the cannabis plant itself that is legal. However, if the cannabidiol is from only parts of the cannabis plant, it is not lawful and is considered a Schedule I drug. As a result, the USPTO has changed its policy to now only approve the protection from lawful cannabidiol so it does not the Controlled Substance Act. The USPTO can no longer approve all cannabidiol trademarks.
If you have questions about changes to this policy, contact an experienced intellectual property attorney today.
The Law Offices of Richard E. Novak, LLC has over 25 years of experience helping clients through tough times. If you need assistance with any intellectual property, traffic violations, or business law matters, our firm is here to help. It is critical that you pick the right attorney who can protect your rights. Contact The Law Offices of Richard E. Novak, LLC for a consultation.