As the medical marijuana, hemp, and CBD industries are still relatively new, many cannabis business owners are unsure whether they qualify for trademark protection or not. The 2018 Farm Bill clarified the legal distinction of hemp from marijuana and the status of popular cannabinoids and derivatives, such as CBD. Accordingly, positive changes regarding hemp-based trademarks have taken place, which the United States Patent and Trademark Office (“USPTO”) outlined in an Examination Guide in May of 2019. Below, we outline the basics of trademarking with a focus on cannabis and hemp products at the federal and state level.
Cannabidiol (“CBD”), a cannabinoid found in hemp plants, continues to grow in popularity as a market commodity. As a nonpsychoactive cannabinoid, CBD is enjoyed by a wide variety of consumers. It has become quite common to see CBD added to food or sold as dietary supplements for both people and pets, despite the fact that the U.S. Food and Drug Administration (“FDA”) maintains that both CBD and THC are illegal additives to food and beverages and that the products containing the substances cannot be sold as dietary supplements. Below, we explore the FDA’s current position on CBD in food and dietary supplements.
We are pleased to announce that attorney Chelsie Spencer has been selected by Thomson Reuters as a Super Lawyers Rising Star of 2020.
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The cannabis industry is complex and competitive, but it is also extremely appealing to young entrepreneurs and investors alike as it continues to shift away from negative stigmas and into a more defined regulatory pathway. The rapid growth of the industry attracts cultivators, extractors, retailers, and more, and like many people entering this complicated space, you may feel overwhelmed with where to begin. Whether you’re considering opening a dispensary business, a CBD business, an ancillary cannabis business, or simply obtaining a hemp license,we’ve put together a guide to starting up a cannabis company to further your understanding of the necessary moving parts and details.
Recently, the United States Drug Enforcement Agency (DEA) issued an internal directive which will likely assist pending and future CBD trademark registrations with the United States Patent and Trademark Office. What is CBD you ask? CBD is an acronym for cannabidiol, a cannabis compound derived from the marijuana plant. Importantly, CBD is a non-psychoactive compound, meaning that it lacks THC (Tetrahydrocannabinol) – the cannabinoid compound associated with marijuana use. CBD has been added to a variety of goods, from oils, to vapor, to honey, to candies, and beyond.