Cannabidiol or better known as #CBD is very prevalent nowadays. From lotions and creams to oils and gummies, CBD is being touted for its health benefits In this video I share what you can and cannot protect regarding your CBD #trademarks and how to protect your #brand.
If you are in the CBD business and if you’re selling CBD oil, CBD skincare, or anything that is topical, great news, you can file a trademark application with the United States Patent and Trademark Office. With the passage of the Farm Bill (Agriculture Improvement Act of 2018) a couple of years ago, the Trademark Office has relaxed a little bit the classification of hemp-derived goods.
If your CBD is hemp-derived and contains less than 0.3% of THC, you can file and obtain a federal registration with one minor caveat. There is an overlap with the Food, Drugs and Cosmetic Act, and it is still federally illegal to ingest anything that has CBD in it. So if your mark has CBD, edibles, gummies or oils to be swallowed or anything that can be eaten or inhaled, like CBD vape pens, CBD oils for smoking, at this time you are not able to carry federal registration for that.
However, if you have those oils for topical use, if you are using, selling soap, skincare, or goods with CBD hemp-derived less than 0.3% THC, you can file a federal application and get a federal registration for that. And I would highly recommend doing that, protecting you, and protecting your brand. Here in California, you can definitely file for a state trademark and obtain a state trademark for CBD edibles, such as gummies, vape oils.
So it might be worth getting a state registration and preserving your rights for getting a filing date for that within your state if your state allows it. If your state allows it, I would highly recommend protecting it within your state and get a state trademark registration, as well.
I hope this helps. If you have any questions or comments, please make sure to drop them below. Make sure to subscribe to get our new videos.