Federal Trademark Protection For Hemp and the 2018 Farm Bill

Hemp and hemp-derived CBD were previously classified as Schedule I controlled substances under the Controlled Substances Act (CSA) of 1972. The Agriculture Improvement Act of 2018 ("2018 Farm Bill") decriminalized hemp and hemp-derived CBD and opened the doors for brand protection at the United States Patent & Trademark Office (USPTO). 

Applications filed on or after December 20, 2018 that identify goods encompassing cannabis or CBD, the 2018 Farm Bill potentially removes the CSA as a ground for refusal of registration, but only if the goods are derived from "hemp."  Cannabis and CBD derived from marijuana (i.e., Cannabis sativa L. with more than 0.3% THC on a dry-weight basis) still violate federal law, and applications encompassing such goods will be refused registration regardless of the filing date.  If an applicant's goods are derived from "hemp" as defined in the 2018 Farm Bill, the identification of goods must specify that they contain less than 0.3% THC. Thus, the scope of the resulting registration will be limited to goods compliant with federal law.

​The USPTO has directly addressed the topic of brand protection and produced a guide on how to amend trademark applications to comply with federal law. The guide is titled Examination Guide 1-19: The Examination of Marks for Cannabis and Cannabis-Related Goods and Services after Enactment of the 2018 Farm Bill.

Reach out to me when you’re considering cannabis business insurance. I will discuss coverage’s with you, how each coverage works and assess how it fits into your risk management needs. I will provide you with comparative cannabis business insurance quotes from multiple insurance carriers so you can get the best possible rate.

As an insurance broker I help cannabis businesses manage risk through insurance.​