USPTO Cannabinoid Trademarks Approach Aligns With FDA Ingredient Regulation: Divert From Norm

Cannabinoid products have been available in US since at least 2012, when states began legalizing cannabis, but the earliest USPTO is recognizing submissions for those marks is December 2018 and it won’t register trademarks until FDA allows lawful use of the ingredients in non-drug products.

The US Patent and Trademark Office’s symmetry with the Food and Drug Administration’s decisions concerning cannabinoids doesn’t stop at not registering trademarks until after the FDA clears the ingredients as lawful for use in products other than drugs.

Like the FDA, the USPTO is treating products containing hemp-derived cannabinoids different than other products.

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