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Analysis: USPTO “opens the door” for some cannabis marks

Ellie Mertens, New York


The USPTO’s examination guidelines for cannabis trademarks – in response to the 2018 Farm Bill – present a path forward for some brands, but leave much up to the FDA

The USPTO issued the examination guidelines for cannabis-related goods and services on May 2. The office previously had a practice of “outright denying any application with a whiff of cannabis,” according to Sarah Robertson, partner at Dorsey & Whitney in New...


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