Becki Lee

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Regular readers will recall that in March we blogged about cannabis-related trademarks.  We now have an update: On May 2, 2019, the USPTO distributed an Examination Guide updating their practices after passage of the 2018 Farm Bill on December 20, 2018. The Farm Bill removes “hemp” from the definition of “marijuana” in the Controlled Substances Act (CSA), so now hemp-based products, like CBD, with less than 0.3% THC are no longer controlled substances. Accordingly,…
Georgia Governor Brian Kemp signed a bill on April 17, entitled Georgia’s Hope Act (HB 324), allowing in-state production and sale of marijuana oil for medical use. Before this bill, Georgia only allowed citizens with a narrow list of specific medical conditions to possess cannabis oil with less than five percent THC, but those patients had to cross state lines or purchase the oil by mail. Often the process of buying the oil…
It is well known that the U.S. Patent and Trademark Office (USPTO) does not allow federal registration for cannabis-related trademarks (discussed by this blog here and here). Some commenters have speculated that, because courts have been chipping away at the bans on immoral, scandalous, and disparaging trademarks, the ban on federal trademark registrations related to illegal activity may be next.…