HEMP - From Prohibition To Protection: Could Marijuana's Reclassification Unleash A Surge In Trademark Filings? | Benzinga
The recent proposal by U.S. Attorney General Merrick Garland to reschedule marijuana from Schedule I to Schedule III under the Controlled Substances Act (CSA) could significantly impact cannabis trademark law.
A report by Jacob J. Golan, Jonathan Hyman and Jonathan Menkes, attorneys at Knobbe Martens explains that if implemented this shift would move marijuana from its current classification alongside heroin and LSD, potentially altering the landscape for cannabis-related trademarks.
Trademark Implications
The CSA’s scheduling system affects not only the legality of a substance's use but also its trademark registration.
Historically, the US Patent and Trademark Office (USPTO) has refused to register trademarks for cannabis goods or services due to the requirement for lawful use in commerce.
Despite legalization in several states, federal law under the CSA has prevented cannabis trademarks from being registered.
"The fact that 24 states have legalized recreational cannabis, and 38 states have legalized medicinal cannabis, does not impact the USPTO’s ...