Feds Nix Marijuana Trademark Category

Keef ColaThe legalization movement may be making giant strides in the U.S., but at least one government agency, the Patent & Trademark Office, is having second thoughts and has removed its medical marijuana category, as reported by the Wall Street Journal:

For three months until last week, marijuana dealers had something they could only dream of before: the apparent stamp of approval of a federal agency.

On April 1, the U.S. Patent and Trademark Office created a new trademark category: “Processed plant matter for medicinal purposes, namely medical marijuana.” The patent office, part of the Department of Commerce, posted the new category on its website.

The patent-office change set off a land rush by pot dealers in the 14 states where laws permit medical-marijuana sales. Some staked claims on rights to long-used names like Maui Wowie and Chronic. Others applied to trademark business names such as Budtrader and Pot-N. Two companies applied to trademark psychoactive sodas named Keef Cola and Canna Cola.

“It looked like a positive step to me. We don’t have many steps by the federal government legitimizing medical cannabis,” said Steve DeAngelo, executive director of the Harborside Health Center medical marijuana dispensary in Oakland, Calif., who hired an intellectual-property lawyer to trademark his company name before the patent office created the new trademark category.

But last week the patent office snuffed out the promise of federal recognition. On Tuesday, after questions about the new pot-trademark category from a Wall Street Journal reporter, a patent-office spokesman said the office planned to remove the new pot classification by week’s end, and the category is now off the website.

The spokesman, Peter Pappas, said the office’s lawyers were “aware” of the category weeks ago. “It raises examination issues,” Mr. Pappas said. “It was a mistake and we have removed it.”…

[continues in the Wall Street Journal]

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  • chonus

    Down with jenkem. Up with Keef Cola!

  • A bad joke

    I'm pretty sure Dr. Dre already has “Chronic” trademarked.

  • DeepCough

    Whatever happened to free enterprise, man?

  • Puppet_Micha

    Well, still, the fight against decriminalization isn't going to stop there. This is just a minor set back. Look at everything that we have accomplished in just a couple of years. It's only a matter of time now.
    ______________________
    herbal legal buds

  • http://lawblog.legalmatch.com/2010/07/26/are-medical-marijuana-trademarks-in-the-pipeline/ Rusty Shackleford

    Hopefully, states which have legalized medical marijuana, and want to treat it as any other legitimate business, will extend their own common-law trademark protections, instead of waiting around for the feds to loosen their restrictions on marijuana. That’s a long wait for a train that isn’t going to come.

  • http://lawblog.legalmatch.com/2010/07/26/are-medical-marijuana-trademarks-in-the-pipeline/ Rusty Shackleford

    Hopefully, states which have legalized medical marijuana, and want to treat it as any other legitimate business, will extend their own common-law trademark protections, instead of waiting around for the feds to loosen their restrictions on marijuana. That's a long wait for a train that isn't going to come.

  • http://fakedada.tumblr.com Fakedada

    i would think that the feds keepin’ revenue generated from sales of medicinal marijuana would be the apparent stamp of approval from a government agency.

  • http://fakedada.tumblr.com Fakedada

    i would think that the feds keepin’ revenue generated from sales of medicinal marijuana would be the apparent stamp of approval from a government agency.

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