Lack of Enforcement Can’t Save Cannabis Trademark Registration

Congress’ refusal to provide funding to enforce federal marijuana prohibitions in states with medical marijuana laws doesn’t mean a dispensary can get a federal trademark registration, an administrative body ruled June 16 (In re PharmaCann LLC, TTAB, 86520135, 6/16/17).

The Trademark Trial and Appeal Board affirmed an examiner’s rejection of PharmaCann LLC’s registrations for “Pharmacann” and “Pharmacannis” for retail services relating to medical marijuana. Marijuana remains illegal under federal law.

The ruling demonstrates the challenges faced by marijuana-based businesses. Federal registration— only available for trademarks intended for use in legal commerce—is not available for marijuana-related goods or services. ...