Federal Agency Rejects CBD Company’s Trademark
The TTAB has previously declined to trademark CBD-related products
The U.S. Trademark Trial and Appeal Board (TTAB) last week declined to register AgrotecHemp Corp.’s “PUREXXXCBD” as a trademark for dietary supplements containing CBD because the product is unlawful under federal law, according to a blog post from Harris Bricken’s Jihee Ahn. The company had sought the registration for goods identified as: “Plant extracts for pharmaceutical purposes; vitamins; dietary supplements; all of the foregoing containing CBD solely derived from hemp containing no more than .3% THC on a dry weight basis.”
The TTAB found that AgrotecHemp did not have “a bona fide intent to lawfully use the proposed mark in commerce” because CBD is federally outlawed and that the products meet the definition of a drug and that drug has not been approved by the Food and Drug Administration.
“Given that the goods will contain CBD as indicated by the identification of the goods and the mark itself, the fact that Applicant’s goods may be derived from ‘hulled hemp seeds, hemp seed protein, and hemp seed oil’ which may be generally recognized as safe does not obviate their unlawfulness under the FDCA. The FDA requires any product marketed with a claim of therapeutic benefit and containing cannabis or cannabis-derived compounds (such as CBD) to be approved for its intended use before it may be introduced into interstate commerce.” – Excerpt from TTAB ruling, via Ahn
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