Is the US cannabis trademarks ban ‘untenable’?


Rory O'Neill

Is the US cannabis trademarks ban ‘untenable’?

Mike Rosecope /

There is a rising clamour for reforms to US cannabis law, including around the registration of trademarks. A recent paper argued that the Supreme Court has already provided a solution, while other lawyers argue that only a change in the law will suffice.

It’s an exciting time for anyone who has a stake in legalising cannabis in the US, including brand owners. In the past decade, 11 states have legalised the plant outright, while 33 permit it in some for medical use.

Looking at the current race for the White House, with most Democratic candidates calling for further liberalisation of federal restrictions, it seems as though cannabis has never been more acceptable in the US mainstream.

And yet brand owners remain unable to register federal trademarks covering cannabis-related goods and services, owing to the fact that the drug is still illegal at a federal level.

Cannabis, Iancu v Brunetti, Matal v Tam, Robert Greenberg, Goldberg Kohn, Cannabis Law Journal, MBHB, First Amendment