California Marijuana

ALEXANDRIA, Va. – A recent federal ruling indicates cannabis accessory manufacturers seeking trademark protection will need to show their products’ value to tobacco users. In a precedent-setting decision first reported by Law360, the United States Patent and Trademark Office’s Trademark Trial and Appeal Board (TTAB) upheld the rejection of a 2017 application submitted by the National Concessions Group, owned by Canadian company Slang Worldwide Inc. The application sought to trademark the brand name “Bakked” for marketing a dab tool or, as the application stated, an “essential oil dispenser, sold empty, for domestic use.” The TTAB determined the device was “illegal drug paraphernalia” as defined under the Controlled Substances Act (CSA) and therefore ineligible for a trademark. Slang lawyers disagreed, saying manufacturing and selling the product is legal in Colorado where the company operates. Furthermore, they argued, the device may be used to dispense non-cannabis essential oil. ...