Intellectual Property | Bell Davis Pitt

hemp and cannabis products trademarks

What Cannabis and Cannabis-based Product Companies Need to Know about Federal Trademark Registration

September 3, 2019

Justin M. Hardy

TMC (Trademark, Marketing & Copyright) Blog

In 66% of the states in the United States, plus the District of Columbia, some level of marijuana use is legal under state law. In even more states, other cannabis-based products — such as CBD oil — are legal to some degree. Under federal law, however, cannabis remains a schedule 1 drug, which means that federal law says it has no accepted medical use and a high potential for abuse. That puts cannabis-based product companies in a tough spot with respect to protection of their trademarks.

cannabis product trademark name

First Things First: Why You Need to Conduct a Trademark Clearance Search BEFORE Naming Your Cannabis Business or Products

Arthur J. DeBaugh Kyle Heuser

TMC (Trademark, Marketing & Copyright) Blog

Will you be able to prevent your competitors from using your cannabis, CBD, THC, or hemp brand on their products? That depends on whether your brand is truly yours and whether you can enforce your trademark rights against those competitors.