Trademark opportunities for hemp companies are opening up. Based on a clarification from the United States Patent and Trademark Office (USPTO), hemp businesses are able to apply for trademark registration as long as their business falls outside the Food and Drug Administration’s (FDA) regulations of hemp derived CBD as a food or beverage ingredient.Now that hemp is no longer listed as a Schedule-I substance, the USPTO is opening the window for the registration of trademarks for hemp or hemp-derived compounds (i.e., a cannabis plant containing less than 0.3% THC). Applications filed before December 20, 2018 will be refused based on a lack of a bona fide intent to use in a lawful commerce. Applications filed after that date will be processed under the new guidelines.

Marks for use related to drinks, edibles, dietary, supplements, and other similar products covered by the FDA will be rejected. Oils, soaps, lotions, clothing, textiles, and the like will not.