Trademark Protection in the Cannabis Industry: New USPTO Guide for Hemp and CBD

Summary

The legal definition of marijuana as a controlled substance under federal law was amended in December 2018 to exclude hemp and hemp-derived products that contain no more than 0.3% THC on a dry-weight basis. Following this change in the law, on May 2, 2019, the United States Patent and Trademark Office (USPTO), issued a trademark application examination guide that provides for the registration of marks used for goods and services that fall within this new exclusion from the federal definition of marijuana and are otherwise lawful under federal law. See here.