In an Alert published today, I examined the Trademark Trial and Appeal Board’s recent decision in In re Morgan Brown:
Owners of medical marijuana dispensaries cannot obtain federal trademark protection on marks used in connection with marijuana sales — even if their home state’s laws have legalized marijuana businesses — because marijuana is an illegal substance under federal law, and therefore encompasses a use that is unlawful, the Trademark Trial and Appeal Board has ruled.
In its July 14 decision in In re Morgan Brown, the TTAB upheld the decision of a trademark examiner at the U.S. Trademark Office who denied protection of a marijuana dispensary’s mark citing federal anti-drug laws.
To read my full discussion of the board’s ruling, please visit the Fox Rothschild website.