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News analysis

No Joy: USPTO confirms no trademarks are allowed for ‘illegal’ CBD products

Written by || 14th September 2021 || News analysis | US federal regulation | GeographiesNorth America United States

CBD products are not eligible for trademark protection, US regulators have reaffirmed.

The US Patent and Trademark Office (USPTO) Trademark Trial and Appeal Board confirmed a decision that CBD products cannot currently be protected by trademark claims because the product is not legal under the federal Food, Drug, and Cosmetic Act (FDCA).

The appeal board not only confirmed the USPTO’s original decision, it also backs up the decision made in a previously rejected claim by the company behind Charlotte’s Web.

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Freddie Dawson

Senior news editor
Freddie studied at King’s College, London and City University and worked for publications including The Times, The Malay Mail, PathfinderBuzz and Solar Summary before joining the CannIntelligence team. He has extensive experience in covering fast-moving consumer goods (FMCG), manufacturing and technological innovation.

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