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Can I overcome a CSA refusal of my trademark application?

Written by Jan Buza

Co-founder of Trama

Overcoming a CSA refusal depends heavily on the specific goods and the nature of the controlled substance involved.

For hemp-derived CBD products, if your products contain less than 0.3% THC and are otherwise compliant with the 2018 Farm Bill, demonstrating that in an office action response can result in overcoming the refusal. This requires documentation showing the goods meet the federal threshold.

For cannabis products, federal trademark registration is currently unavailable, since cannabis remains a Schedule I controlled substance under federal law regardless of state legalization. State trademark registration is only available in states where cannabis is legal and provides protection within that state.

For other, less common controlled substances, the analysis depends on the specific nature of the substance and applicable federal law. Legal advice specific to the goods and the applicable regulatory framework is essential before responding.

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