Cannabis rescheduling appears to be a matter of time and my colleagues have written about the possible implications (see here, here, and here). Rescheduling to a less restrictive category will also have implications for trademarking by cannabis brands. By broadening the legality of cannabis goods and services, rescheduling will also make more canna trademarks eligible for federal protection.
The U.S. Patent and Trademark Office (USPTO) will refuse the registration of any trademark used in connection with goods or services that are unlawful according to federal law. That includes all cannabis that is considered marijuana under the Controlled Substances Act (CSA), that is, all cannabis with a THC content that exceeds 0.3%. Marijuana’s inclusion in the most restrictive controlled substances schedule pretty much closes the door on any activities involving it being considered legal under federal law.
Cannabis rescheduling would change that. Per Health and Human Services’ recommendation, many commentators believe that cannabis’ new home is likely to be Schedule III. Schedule III substances are those that “have a potential for abuse less than substances in Schedules I or II and abuse may lead to moderate or low physical dependence or high psychological dependence.” According to the Drug Enforcement Administration (DEA)
Read full article on HarrisBricken
