Why Are There Challenges For CBD Companies Trying To Register Trademarks?
Recently, the United States Trademark Trial and Appeal Board (TTAB) denied the Stanley Brothers Social Enterprises, LLC to register the CW (Charlotte’s Web) mark for hemp oil extracts marketed and sold as dietary and nutritional supplements. This was due to the fact that hemp oil extract violates the Food, Drug and Cosmetic Act (FDCA) when sold as an integral component of dietary and nutritional supplement.
In appealing to the TTAB, Stanley brothers argued that dietary supplements are not “food,” and CBD falls within an exception to the FDCA for drugs or biological products “marketed in food.”
The board disagreed and maintains that hemp oil will be considered as a food product and CBD falls into the “drug or biological product” category. In other instances, as well, trademark registrations associated with cannabis have been denied for the same reason. Some litigations have been stayed hoping that the FDA will soon bring out the guidance for CBD.
With brands spending a lot on CBD, it could potentially be a huge loss for them if copycats enter the market with a similar mark and erode the products. There would be no way to make things right since the companies are not allowed to register their trademark as intellectual property. The FDA is open to hearing from the public on this matter, allowing them to offer opinions and information. Specifically, the agency is hoping to come across data that could help them understand the scene better before passing any regulation.
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CBD is one of many powerful cannabinoids found in hemp known for helping to support our body and mind. Here at Healing Dragon CBD we do not intend to make unfounded medical claims about the health benefits of CBD. The FDA has not confirmed that CBD cures, treats, or prevents any diseases or conditions. Before reading this article please take a moment to read our full disclosure statement.