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USPTO Issues First Guidance on Examination of Cannabis Trademark Applications

The United States Patent and Trademark Office (USPTO) recently issued helpful guidance on the examination of cannabis trademark applications.  This guidance is the USPTO’s first pronouncement of how it will evaluate the legal use in commerce requirement for trademark applications covering cannabis goods and services.  In particular, its guidance relies on how related laws, namely the Controlled Substances Act, the Food, Drug & Cosmetic Act, and the 2018 Farm Bill, impact the USPTO’s  determination as to whether the use of the mark in connection with the covered goods and services is lawful.  This guidance is a must-read for any cannabis brand owner seeking registration as the USPTO’s clarified position will directly affect your trademark strategy.  You can learn more about the guidance and practical takeaways from our recent post on Legally Grown.