Budding opportunities: cannabis trademarks in the United States

Luke Sebastian Zimmerman

Chapter 1 in Intellectual Property and Cannabis, 2025, pp 9-39 from Edward Elgar Publishing

Abstract: The relationship between trademark law and the legal status of cannabis in the US is unique because of the tension between federal and state laws. While the United States Patent and Trademark Office (USPTO) administers trademarks at the federal level, each state also grants trademark registration through the office of its Secretary of State. Adding to this complexity, federal trademarks are available for hemp but not marijuana goods. This is confusing because both hemp and marijuana are different names for the plant Cannabis sativa L, with the distinction being that they contain different amounts of Delta-9-tetrahydrocannabinol (THC). This chapter will provide an overview of the history of cannabis prohibition and the development of trademark law in the US. It considers the Lanham Act of 1946 and how it currently applies to cannabis trademarks. It concludes by shedding light on some novel issues relating to cannabis trademarks in the US.

Keywords: Trademarks; Cannabis; Intellectual property; Nice classification; Controlled Substances Act (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035329380
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