The 2018 farm bill legalized industrial hemp, which is a nonpsychoactive version of cannabis, and its derivatives for cultivation and sale. The law stipulated that, as long as individuals had official approval from their states or tribes, they could cultivate hemp and sell it for use in everything from textiles and clothing to concentrates. Thanks to the federal status of hemp and cannabis, businesses in the space cannot trademark their products — but this may soon change.
A CBD company that recently fell afoul of this regulation is now appealing, and if the company wins, the ruling could have implications across industries dependent on soon-to-be legal products such as cannabis and psychedelics. Joy Tea, a company that markets hemp-derived tea, had tried to secure a trademark with the U.S. Patent and Trademark Office (“USPTO”) only to be denied. According to USPTO, the lawfulness of goods isn’t determined…
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