What does "Controlled Substances Act Refusal" in my office action mean?

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

Controlled Substances Act (CSA) Refusal in a trademark office action means the USPTO is dismissing the registration due to the product containing substances whose use in commerce is not lawful in the whole of US commerce, such as Cannabis or CBD.

It is theoretically possible to overcome this refusal if the applicant can prove the goods contain less than a lawful amount of THC (and therefore qualify as "hemp" products). Alternatively, an applicant can seek trademark protection on a state level in states where the corresponding substances are legal.

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