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USPTO Allows Hemp-related Trademarks on or after December 20, 2018

06/11/2019

Federal trademark registrations are now possible to obtain for some hemp-related trademarks. The U.S. Patent and Trademark Office’s (USPTO) recent guidance, Examination Guide 1-19 “Examination of Marks for Cannabis and Cannabis-Related Goods and Services after Enactment of the 2018 Farm Bill” issued on May 2, 2019 (Guide 1-19), clarifies the procedure for examining applications for marks covering cannabis and cannabis-derived goods and services in light of the Agriculture Improvement Act of 2018, Pub. L. 115-334 (also known as the “2018 Farm Bill”). Guide 1-19 does not change the requirements for obtaining a trademark registration, but instead explains that hemp-related federal trademark registrations (in certain instances) are not barred as a matter of law.

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