Federal agency rejects CBD company’s trademark

The US Trademark Trial and Appeal Board (TTAB) last week refused to register AgrotecHemp Corp’s ‘PUREXXXCBD’. as a trademark for dietary supplements containing CBD because the product is illegal under federal law, according to a blog post by Jihee Ahn of Harris Bricken. The company had requested the registration of products identified as follows: “Plant extracts for pharmaceutical use; vitamins; food supplements; all of the above containing CBD solely derived from hemp containing no more than 0.3% THC on a dry weight basis.

The TTAB found that AgrotecHemp had no “good faith intention to lawfully use the proposed trademark in commerce” because CBD is federally banned and the products meet the definition of a medicine and that this medicine has not been approved by the Food and Drug Administration. .

“Given that the products will contain CBD, as indicated by the identification of the products and the mark itself, the fact that the applicant’s products may be derived from ‘shelled hemp seeds, hemp seed protein and hemp seed oil” that may be generally recognized as safe does not preclude their illegality under the FDCA. The FDA requires that any product marketed with a claim of therapeutic benefit and containing cannabis or cannabis-derived compounds (such as CBD) be approved for its intended use before it can be introduced into interstate commerce.– Excerpt from TTAB case, via Ahn

The TTAB previously refused to trademark CBD-related products and relied on an earlier notice in which it refused a trademark to PharmaCann.

“For applications based on section 1(b) of the Trade Marks Act, such as the present application, if the record indicates that the goods identified include elements which are illegal at the date of filing of the application, a actual lawful use in commerce is not possible, and any intention that the applicant has to use the mark on these goods is not the bona fide intention necessary to use the mark in lawful commerce,” states the opinion of PharmaCann.

US trademark agencies have repeatedly refused trademark applications for cannabis companies and adjudicated several cases of alleged copyright infringement, ranging from hot sauce brands to candy brands.

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