Pot Attys say cannabis products deserve a shot at TMs

By Sam Reisman (February 28, 2022 at 7:55 p.m. EST) — The International Cannabis Bar Association and Americans For Safe Access, a medical cannabis reform advocacy group, have asked the Federal Circuit to issue a decision of the Trademark Trial and Appeal Board finding that a CBD-infused tea failed to register its trademark.

In September’s appeal decision in the district court, the TTAB had denied Joy Tea’s intent-to-use (ITU) request for a CBD tea on the grounds that it was unlawful because the U.S. Food and Drug Administration failed to regulate it have CBD consumables.

“Today, manufacturers and sellers of cannabis products must rely on a patchwork of state trademark laws to protect their…

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