Recent decisions show the US Patent and Trademark Office continues to differ with the Food and Drug Administration about enforcement discretion for cannabidiol- or hemp-containing dietary supplements and food products.
CBD Trademarks Remain Under Wraps In US As Brands Blanket Supplement Market
USPTO appeals board rejects requests by Charlotte's Web marketer in June and the Natural Leaf brand owner in September for trademarks. Those decisions sustain USPTO policy that even though FDA allows sales of food, supplements and other non-drug products subject to its oversight that contain hemp-derived CBD, the products are unlawful and trademarking brands for them is prohibited.
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