In the US an intent-to-use (“ITU”) trademark application may be filed by “a person who has a bona fide intention, under circumstances showing the good faith of such person, to use a trademark in commerce” later. 15 U.S.C. § 1051.The United States Patent and Trademark Office (“USPTO”) has long maintained that to qualify for a...
What will happen with cannabis trademarks after federal legalization? This question comes up regularly, but unfortunately lacks a clear answer (or even an unclear answer). On the one hand, with cannabis no longer unlawful at the federal level, USPTO will be able to register trademarks for cannabis products. But beyond that, nothing is clear. Whose
We often write of the pernicious effects of the War on Drugs in the criminal law context as well as its harmful impacts on the hemp and (state) legal marijuana industries. This post turns to another issue resulting from federal illegality – the inability of a lawful permanent resident to petition for naturalization and and
I’ve spent considerable time explaining the law regarding religious use of psychedelics on the Psychedelics Law Blog lately. A lot of that same law applies equally to cannabis. Naturally, I want to answer a similar question here: are cannabis churches legal? The answer is that they are basically “legal” in the same sense that cannabis
The state of Washington proposed a bill that will effectively restrict any impairing cannabinoid under one umbrella, Bill 1668. The bill, companioned in the Senate with SB 5547, calls for a label on any impairing product that clearly describes the serving size, potency, and ingredient disclosure standards. Intriguingly, cannabinoids derived from chemical synthesis or fermentation […]
Many cannabis companies are thinking about creative ways to pivot into the developing psychedelics market. One of the questions I hear most frequently hear is whether this is a good idea. It’s one thing for companies to leave cannabis altogether and go full tilt into the psychedelics space. But mixing cannabis and psychedelics into one
Though defeated in this round, the cannabis industry remains resilient in its fight for federal reforms. The removal of the SAFE Act from the defense bill is not the end of the road but rather another indication of the steep climb to federal cannabis law. Cannabis advocates and entrepreneurs need to use this opportunity to reset the conversation and seek a well-rounded bill that would ensure the capital is available to those who need it the most. Now that there is still a political advantage, advocates can point out other solutions that can be added to the bill to make the cannabis industry get access to funds at the state and local levels.