Garner, NC asked in Trademark for North Carolina

Q: Can I trademark my brand name and logo with USPTO

Starting a business to sell hemp-derived CBD products. All products .3% or under. We would also sell non-hemp CBD products. We are not looking to trademark any specific item, just the name of the company and logo which will appear on all items.

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2 Lawyer Answers
Ali Makoui
Ali Makoui
  • Trademarks Lawyer
  • Encino, CA

A: There are several pitfalls in registering trademarks for CBD products. One factor is the type of products and services for which you want to register your mark. The 0.3% disclaimer usually overcomes the objections for smoking products. There are additional rules for edible and topical products.

The name of your company may also raise issues. Besides the usual concerns for whether the name is similar to an already registered mark, you need to be careful if you want to register your mark for a service such as an online store. If the mark includes any words or drawings that may be related to, or imply, a species of marijuana, you may end up getting a rejection for using a deceptive mark. the examining attorney may contend that the name of your store implies that you sell pure marijuana to lure the clients in but when they enter your website they figure out that you only sell hemp related products.

This post is for public information and is not intended as legal advice. Nor does this post establish an attorney-client relationship. Please consult with your attorney before filing a trademark application.

Marcos Garciaacosta agrees with this answer

Marcos Garciaacosta
Marcos Garciaacosta

A: Specially if you are selling non Hemp products under the same brand, you should definitely protect the brand, based on the provisions indicated.

You should consult with an attorney.

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