National Law Review: "On May 2, 2019, the United States Trademark Office issued new Examination Guidelines for goods and services associated with cannabis and cannabis-derived products and services legalized under the 2018 Farm Bill. This crack in the federal armor against the cannabis economy opens the door for the federal registration of trademark rights and is an important step toward normalizing the nation’s laws governing cannabis and cannabis-related business activities in states where such products are legal.
Under the new Examination Guidelines, trademarks associated with non-ingestible cannabis and cannabis-related products having a tetrahydrocannabinol (“THC”) content of no more than 0.3% on a dry weight basis are eligible for federal registration on the Principal Register maintained by the United States Trademark Office. Similarly, trademarks for services relating to non-ingestible cannabis and cannabis-related products (e.g., growing, cultivating, processing and/or dispensing services) having a THC content of 0.3% or below on a dry weight basis are likewise eligible for federal registration on the Principal Register. Permitting registration of these cannabis related trademarks will allow for businesses to both seek the advantages of federal trademark registration as well as seek enforcement of their trademark rights in U.S. Federal Courts across the country.