October 8, 2023

“Recent Trademark Decision Serves as Lesson for Cannabis Companies,” Cannabis Business Executive

In an article published on October 2, 2023, by Cannabis Business Executive, Harness IP attorney Paul Hoffer examines a recent United States Patent and Trademark Office (USPTO) case. National Concessions Group’s trademark registration was not approved, so they appealed the decision to the Trademark Trial and Appeal Board (TTAB). Hoffer explains how the TTAB refused trademark registrations for the mark BAKKED and a stylized drop design mark by determining that the trademark did not fall within the law and was illegal “paraphernalia.”

Hoffer also discusses how far outside the actual application the USPTO can go and what cannabis companies should keep in mind when promoting or marketing their products.

He further advises cannabis companies to be meticulous in their promotions as the USPTO’s examining attorneys utilize a wide variety of sources to provide evidence that a product has not complied with the law.

To view the full article, you may click here.