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Category: Cannabis

Can You Register a Mark On Goods You Believe Will Be Lawful in the Future? The TTAB Doesn’t Think So

December 8, 2021 | Cannabis,Intellectual Property

Banking on its final lifeline to overcome registration difficulties, Joy Tea Inc. (“Joy Tea”) took its last shot in getting its proposed “FOR JOY” trademark approved by the Trademark Trial and Appeal Board (“TTAB”). However, the Board affirmed its stance on refusing to register Joy Tea’s proposed mark in connection with its variety of tea-based…

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Cannabis-Related Trademark Rejected Yet Again

September 20, 2020 | Cannabis,Intellectual Property

Trying to register a trademark for cannabis-related goods and services? Be careful what you apply for. The Trademark Trial and Appeal Board (“TTAB”) recently issued a decision that continues the trend of not allowing registration of trademarks that cover cannabis-related goods or services. On a basic level, the U.S. Patent and Trademark Office (“USPTO”) refuses…

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FDA Issues Warning Letters for Ingestible Hemp-Derived CBD

December 9, 2019 | Cannabis,Intellectual Property

On November 25, 2019, the U.S. Food and Drug Administration (“FDA”) sent warning letters to fifteen (15) companies for selling products containing cannabidiol (“CBD”) in violation of the Food, Drug, and Cosmetic Act (“FDCA”). The basis for the warning letters was that the FDA lacks scientific information supporting the safety of CBD in food/ingestibles –…

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