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TTAB Harshes Vibe

By Kris Kappel & Liam Reilly on July 30, 2019
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The Trademark Trial and Appeal Board (“TTAB”) reiterated once again that you cannot register marijuana marks at the federal level. The TTAB announced its decision on July 16, 2019, rejecting Canopy Growth Corporation’s, a Canadian corporation, trademark filings for marijuana vaporizers “Juju Rx” and “Juju Hybrid.” In re Canopy Growth Corporation by assignment from JJ206, LLC, Serial Nos. 86475885 & 86475899 (TTAB, July 16, 2019).

Marijuana is classified as an unlawful drug under the federal Controlled Substances Act (“CSA”), and marijuana vaporizers are also classified as unlawful drug paraphernalia under the CSA. Even though several states have legalized the use of marijuana, federal trademark applications for marijuana marks will continue to be rejected until the drug is legalized on the federal level.

As a basis for the decision, the TTAB relied on the CSA and a 2016 precedential TTAB decision. In re JJ206, LLC, 120 USPQ2d 1568 (TTAB 2016). Trademark registrations are based off of actual use or intended use in lawful commerce. So, as long as marijuana and marijuana paraphernalia remain unlawful in commerce, you are better waiting to file your trademark applications.

Photo of Kris Kappel Kris Kappel

As co-vice-chair of the firm’s Intellectual Property practice specialty center, Kris counsels clients on how to manage and protect their intellectual property and data and use their IP assets strategically.

Read more about Kris KappelEmailKris's Linkedin Profile
Photo of Liam Reilly Liam Reilly

Liam focuses his practice around intellectual property matters. While at Notre Dame Law School, Liam worked in the University’s technology transfer office and assisted with managing university-led intellectual property. At Kansas State University, Liam regularly engaged with student entrepreneurs and ran a small

…

Liam focuses his practice around intellectual property matters. While at Notre Dame Law School, Liam worked in the University’s technology transfer office and assisted with managing university-led intellectual property. At Kansas State University, Liam regularly engaged with student entrepreneurs and ran a small business until graduating from the College of Engineering.

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  • Posted in:
    Cannabis
  • Blog:
    Cannabis Law Now
  • Organization:
    Husch Blackwell LLP
  • Article: View Original Source

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