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I have received a trademark office action due to the use of CBD. What should I do?

Senior Trademark Attorney

A CBD-related office action typically arises because the examiner has concerns about whether the goods comply with federal law. CBD products derived from hemp with less than 0.3% THC are federally legal under the 2018 Farm Bill; products above that threshold are not.

If your goods are hemp-derived and compliant with the federal THC threshold, you should document that and submit it as part of your response. Certificates of analysis from a third-party laboratory showing THC content below 0.3% are the standard form of evidence.

If your goods do not meet the federal threshold, federal trademark registration is not available and state-level options should be considered. A trademark attorney experienced in cannabis and hemp regulation is advisable for this type of refusal.

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