Trademark Office Tells Fed. Circ. To Ditch CBD Co.’s Appeal – Law360

By Sam Reisman (August 9, 2022, 5:48 PM EDT) — The U.S. Patent and Trademark Office recently told the Federal Circuit to reject an appeal by a CBD beverage manufacturer seeking to register a trademark for its product, saying the product was unlawful under federal law.

In a brief filed Monday, the USPTO said that Joy Tea, the appellant seeking a review of the office’s decision, did not have a bona fide intention to use its „For Joy” mark in lawful commerce, since selling edible products with CBD are still federally illegal.

„If commerce in CBD beverages becomes lawful under federal law, Joy Tea can apply to register the 'For Joy’…

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