In re Morgan Brown
 

Is the sky falling, or is there still hope?

On July 14, 2016, the Trademark Trial and Appeal Board of the United States Patent & Trademark Office (USPTO) issued a decision refusing to register the mark HERBAL ACCESS for use in connection with "retail store services featuring herbs" on the grounds the mark was being used with the sale of marijuana in violation of federal law. While this decision presents some new hurdles, it doesn’t change what cannabis businesses have been required to do all along—find creative, legal ways to secure trademark rights at the USPTO.