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Pot Attys Say Cannabis Products Deserve A Shot At TMs

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By Sam Reisman (February 28, 2022, 7:55 PM EST) — The International Cannabis Bar Association and medical cannabis reform advocacy group Americans For Safe Access have urged the Federal Circuit to reverse a Trademark Trial and Appeal Board decision finding that a CBD-infused tea could not register its trademark.

In the September decision up for appeal before the circuit court, the TTAB had rejected Joy Tea’s intent-to-use, or ITU, application for a CBD tea on the grounds that it was unlawful, since the U.S. Food and Drug Administration has not regulated CBD consumable products.

“Today, cannabis product manufacturers and sellers must rely on a patchwork of state trademark laws to protect their…

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