Regular readers will recall that in March we blogged about cannabis-related trademarks. We now have an update:
On May 2, 2019, the USPTO distributed an Examination Guide updating their practices after passage of the 2018 Farm Bill on December 20, 2018. The Farm Bill removes “hemp” from the definition of “marijuana” in the Controlled Substances Act (CSA), so now hemp-based products, like CBD, with less than 0.3% THC are no longer controlled substances. Accordingly, for applications filed after December 20, 2018, the USPTO will not refuse applications on the basis of the goods being unlawful under federal law if the application covers hemp-related goods and services now legal under the CSA. If an application filed before December 20, 2018 for the applicable goods was refused but the application is still pending, the USPTO will allow the applicant to amend its filing date. Applicants should also note that some CBD products that are undergoing FDA testing are still unlawful under the CSA, and therefore applications covering those types of goods will still be refused. If these guidelines apply to you, you can find more information in the Examination Guide from the USPTO, available at the link above.