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US Patent Office nixes cannabis trademarks

Posted on July 21st, 2010 by Global Ganja Report and tagged , , , , , .

cannabisIn a setback for the corporatization of cannabis, the US Patent Office has shelved consideration of  trademarks for medical marijuana products, according to a July 19 report in the Wall Street Journal:

On April 1, the U.S. Patent and Trademark Office created a new trademark category: "Processed plant matter for medicinal purposes, namely medical marijuana." The patent office, part of the Department of Commerce, posted the new category on its website.

The patent-office change set off a land rush by pot dealers in the 14 states where laws permit medical-marijuana sales. Some staked claims on rights to long-used names like Maui Wowie and Chronic. Others applied to trademark business names such as Budtrader and Pot-N. Two companies applied to trademark psychoactive sodas named Keef Cola and Canna Cola.

"It looked like a positive step to me. We don't have many steps by the federal government legitimizing medical cannabis," said Steve DeAngelo, executive director of the Harborside Health Center medical marijuana dispensary in Oakland, Calif., who hired an intellectual-property lawyer to trademark his company name before the patent office created the new trademark category.

But last week the patent office snuffed out the promise of federal recognition. On Tuesday, after questions about the new pot-trademark category from a Wall Street Journal reporter, a patent-office spokesman said the office planned to remove the new pot classification by week's end, and the category is now off the website.

The spokesman, Peter Pappas, said the office's lawyers were "aware" of the category weeks ago. "It raises examination issues," Mr. Pappas said. "It was a mistake and we have removed it."

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Photo by Drome

 

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