05/07/2020

Confusing CBD: Post-Legalization Trademark Strategies for Food and Beverage Marks

This article originally appeared in World Trademark Review online, May 7, 2020.

As the US legal landscape evolves to consider legalizing cannabidiol (CBD)-containing products at the federal level, it is possible that the USPTO may soon recognize trademarks for foods containing CBD as registrable. This will open the floodgates for CBD-related trademark applications.

In this World Trademark Review guest piece, Holland & Hart partners Andrea Anderson, whose practice focuses on strategic trademark counsel, and Lee Gray who counsels food and beverage producers and product manufacturers on regulatory compliance, recalls and product litigation, provide a background on the legal status of CBD in food and beverage products and offer insight, based on current data, into how the USPTO may approach examination of CBD marks once all federal legal prohibitions are lifted.

Please click here to read the full article: Confusing CBD: post-legalisation trademark strategies for food and beverage marks. (Subscription needed).

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