Award Winning Intellectual Property Lawyers

Book a Free Consultation

Marijuana vs. CBD – Which One Can You trademark?


Written By: Cara O’Hanlon

Edited By: Zara Watson, Esq.

On December 20, 2018, the Farm Bill Amendment was passed, legalizing the regulated production of hemp. The Controlled Substances Act (CSA) was also amended to exclude hemp from the definition of marijuana and the list of Schedule 1, or most dangerous, drugs. This allows the trademark registration for products and services related to CBD derived from hemp as long as they contain less than 0.3% THC. This means that CBD products with a low THC content have been legalized under federal law, and companies may apply for trademarks for these products and services. The United States Patent and Trademark Office (USPTO) began accepting trademark applications for certain CBD products in May 2019. 

Brand owners should be aware that trademark applications for foods containing CBD still do not qualify for trademark registration since foods are regulated under the Federal Food Drug and Cosmetic Act (FDCA). CBD related goods that are most likely to be approved for trademark registration are creams, lotions, lip balms, and oils. It is also important to consider that applications for CBD goods and services must have a filing date after December 20, 2018. The USPTO is allowing applicants to change their filing date to December 20, 2018 to prevent the claimed use of a mark on CBD products before the Farm Bill was passed. It is crucial to file your trademark application as soon as possible to make sure your business will have priority over others with similar marks. 

Since the Farm Bill Amendment was passed,  the USPTO has received thousands of applications for CBD related goods and services. In June 2019, there were already more than 2,000 pending applications for trademarks for CBD related products and services. CBD related businesses should file for trademark registration as soon as possible to secure valuable marks. This is essential for future growth and business opportunities, as many companies are preparing for the possible legalization of other cannabis related products. If you’re interested in speaking with us about a trademark for your business, Click here to schedule your free discovery call today.

*** This is for informational purposes only, no attorney client privilege has been formed.


Are You Making These 5 Trademark Mistakes?