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

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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