CBD Supplement Trademarks Must Wait For FDA’s Dietary Ingredient Solution

摘要

The US Patent and Trademark Office doesn’t share the Food and Drug Administration’s enforcement discretion for cannabidiol-or hemp-containing dietary supplements and food products.The USPTO says that because the FDA’s official regulatory position is that CBD and hemp are not eligible for use as dietary ingredients,it will not approve trademarks for foods,beverages,supplements or pet treats containing CBD”even if derived from hemp,as such goods may not be introduced lawfully into interstate commerce.”The Department of Commerce agency’s May 2’Examination Guide’for trademarks for cannabis-related goods and services discusses changes to its rules under the 2018 farm bill,which removed hemp from the Drug Enforcement Administration’s schedule of controlled substances,legalizing its licensed production nationwide and interstate transport of the herb and its derivates.The previous farm bill,passed in 2014,authorized states to establish agricultural pilot programs or other agricultural or academic research programs to study the growth,cultivation or marketing of”industrial hemp”– defined as containing not more than 0.3% tetrahydrocannabinol concentration on dry weight basis.