Trademarking of Cannabis Additive Under FDA Review Is Rejected

June 16, 2020, 10:09 PM UTC

A Colorado marijuana grower failed to register “CW” as a trademark after the trademark tribunal ruled that its hemp oil-based food additives violate federal law.

Despite conditional legalization of growing non-hallucinogenic cannabis products like cannabidiol (CBD), Stanley Brothers Social Enterprises LLC didn’t show its products satisfied the Food, Drug and Cosmetics Act (FDCA), the Trademark Trial and Appeal Board’s June 16 opinion said.

The FDCA prohibits sale of any food containing a drug or biological product that is subject to publicly known, substantial clinical evaluations. The CBD in Stanley Brother’s hemp oil extracts is such an additive, the board said. ...

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