The USPTO issued, on may 2 of 2019, the first guidelines to carry out examinations of cannabis and its derived products for trademark applications.
The 2018 Farm Bill, signed on December 20 of 2018, amends the Agricultural Marketing Act (AMA), removing “hemp” from the Under the Controlled Substances Act (CSA) definition of marijuana, which means that “cannabis plants and derivatives that contain no more than 0.3% THC on a dry-weight basis are no longer controlled substances under the CSA”.
Under this scenario, those trademark applications filed after Farm Bill enactment, that identify products covering cannabis will be allowed if the description in the identification indicates that products are derived from “hemp” and contain no more than 0.3% THC on a dry weight basis.
