Skip to Main Content

Insight

05/07/2020
World Trademark Review

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

By Andrea Anderson, Co-Author

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).


This publication is designed to provide general information on pertinent legal topics. The statements made are provided for educational purposes only. They do not constitute legal or financial advice nor do they necessarily reflect the views of Holland & Hart LLP or any of its attorneys other than the author(s). This publication is not intended to create an attorney-client relationship between you and Holland & Hart LLP. Substantive changes in the law subsequent to the date of this publication might affect the analysis or commentary. Similarly, the analysis may differ depending on the jurisdiction or circumstances. If you have specific questions as to the application of the law to your activities, you should seek the advice of your legal counsel.

DISCLAIMER

Unless you are a current client of Holland & Hart LLP, please do not send any confidential information by email. If you are not a current client and send an email to an individual at Holland & Hart LLP, you acknowledge that we have no obligation to maintain the confidentiality of any information you submit to us, unless we have already agreed to represent you or we later agree to do so. Thus, we may represent a party adverse to you, even if the information you submit to us could be used against you in a matter, and even if you submitted it in a good faith effort to retain us.