Tag: trademark attorney

USPTO issues new Cannabis Trademark Guidelines

The USPTO has issued new guidelines regarding cannabis-derived goods and services.  The guidelines were issued on May 2, 2019 and can be found here.  The new guidelines explain that the 2018 Farm Bill exempts hemp, which is defined as cannabis plants and derivatives such as CBD that contain no more than 0.3% THC on a dry-weight basis.

Therefore, for trademark applications that identify goods and or services encompassing cannabis or CBD, the 2018 Farm Bill probably removes the CSA as a ground for refusal of the application so long as:  (1) the good and/or services are derived from help;  (2) The identification of goods and/or services specify that the hemp products contain less than 0.3% THC; and (3) the application was filed on or after Dec 20, 2018, except for prior filed application, the applicants have the option of amending the filing date and filing basis of the application to over the CSA as a ground of refusal.

However, be aware that hemp related goods and/or services may still raise legal issues under other laws include the Federal Food Drug and Cosmetic Act (FDCA).

USPTO PATENT ATTORNEY ROSTER

Many people are unaware of this fact but the United States Patent and Trademark Office (USPTO) has a roster of all US patent attorneys and agents. The searchable roster can be found here.  Since I am a patent attorney, my information is listed on the roster and can be found here.  Only people who have passed the patent bar and background check, and graduated from an accredited law school and passed a state bar exam can be listed as a patent attorney on the USPTO roster.  Patent agents need only to have passed the patent bar and background check–law school and state bar are not required for patent agents.

The USPTO roster of patent attorneys is a valuable tool for inventors to make sure the “patent attorney” or “patent agent” they are dealing with is a patent practitioner in good standing and who has achieved all the requirements necessary to be a patent practitioner.  You can search the roster, name, state, city, postal code, and business or firm name.

Unfortunately, the USPTO does not have a roster of all trademark attorneys.