Law360 (May 3, 2021, 4:27 p.m. EDT) – The U.S. Patent and Trademark Office’s policy to reject applications to register trademarks that identify non-hemp cannabis products and reject certain hemp-based CBD products.[1] reflects an inappropriately doctrinal approach that ultimately makes Americans less secure.

As the cannabis industry continues to enter the business stream, extending branding rights to the products of cannabis companies would provide additional incentives for them to develop a reputation for quality and safety and differentiate them from actors on the fringes of legal markets at the state level. In addition, it would enable cannabis companies to work with law enforcement to prosecute counterfeiters who sell unregulated products.

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