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I have received a trademark office action due to the use of cannabis. What should I do?

Written by Jan Buza

Co-founder of Trama

The available options depend on whether the goods can be brought into compliance with federal law.

If the goods contain a controlled substance but in amounts below the federal legal threshold (such as hemp-derived CBD with less than 0.3% THC), providing documentation of that compliance may overcome the refusal.

If the goods aren’t federally compliant and cannot be made federally compliant, you cannot currently register the trademark. An alternative some businesses opt for is state trademark registration, if the substances can be legally sold there. State registrations can be filed with the relevant state's IP authority.

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