Legalized Marijuana Business Denied Federal Trademark Registration
Owners of medical marijuana* dispensaries cannot obtain federal trademark protection on marks used in connection with marijuana sales — even if their home state’s laws have legalized marijuana businesses — because marijuana is an illegal substance under federal law, and therefore encompasses a use that is unlawful, the Trademark Trial and Appeal Board has ruled.
In its July 14 decision in In re Morgan Brown, the TTAB upheld the decision of a trademark examiner at the U.S. Trademark Office who denied protection of a marijuana dispensary’s mark citing federal anti-drug laws.
The trademark applicant, Morgan Brown, resides in the state of Washington, where adults are permitted to possess certain quantities of marijuana in solid and liquid forms. Brown operates a retail store in Washington and an online dispensary at herbalaccess.com. He applied to the U.S. Trademark Office to register his use of the words “Herbal Access.”
The TTAB affirmed...
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