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Marijuana Trademarks

Have you wondered if it is legal to get a trademark for a marijuana company? Yes, it is legal to receive a federal trademark for a marijuana brand (with exceptions of course). Currently, marijuana is illegal under Controlled Substances Act, in accordance with United States Federal law.

The United States Patent & Trademark Office is clear that the use of a mark in commerce must be lawful under federal law to be the basis for federal registration. The USPTO refuses to register marks for goods and/or services that show a clear violation of federal law, regardless of the legality of the activities under state law. So, actual marijuana flower, isolate, distillate, tincture, etc. does not qualify for a federal trademark.

Marijuana brands meet the qualifications for a federal trademark by creating ancillary products and services for their businesses (clothing, smoking articles, podcasts, events, machinery, etc.). These services and products do not contain marijuana, in any way, so the company is able to achieve federal brand protection in this matter. In states where marijuana is legal, the companies are able to receive state trademark protection for the plant product.

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