Comments

  1. Kevin Wimberly

    >>”Any company who does not have hands on a cannabis plant may register their trademark at the USPTO. For example, a company selling a vaporizer, grow lights, fertilizer, etc., are selling legal products.”

    Great article, but there are many companies who would disagree with the above-quoted statement. Yes, these products may be “legal,” but that does not mean the USPTO is allowing registration for these ancillary products. See Serial Nos. 86639500, 86474701, 86221508, 87605322, etc. Even if you leave “cannabis” out of the description of goods, if your website suggests that the product (vaporizer) can be used with cannabis, you will receive a refusal (even if you don’t touch the flower/concentrate).

    1. Priya Cloutier

      Upon review of the first two applications, it is apparent that the applicant did call out the trademark’s relationship to a cannabis product. For example, Serial No. 86639500 showed a marijuana plant in the specimen. I’m surprised that the specimen was not additionally rejected since it was obviously a draftsman rendition. As another example, Serial No. 86221508 indicated it was a “smokeless marijuana apparatus” in it description. If the description was for a vaporizer, it would have passed. I didn’t look at the subsequent applications but, I suspect similar problems. A thoughtful trademark attorney can steer applicants away from these types of issues.

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