What a CBD or cannabis brand can actually register.
Federal trademark law only protects goods that are legal under federal law. For hemp, CBD and cannabis brands, that line decides what you can register, and examiners don’t always draw it correctly.
Hemp with no more than 0.3% delta-9 THC has been federally lawful since the 2018 Farm Bill, so many hemp-derived goods can be registered. CBD in foods, drinks, dietary supplements and pet treats is still refused under federal food and drug law.
Marijuana is still unlawful under federal law, so the products themselves, and stores that sell them, can’t get a federal registration. Many other parts of a cannabis brand can, including websites, rolling papers, consulting, apparel and podcasts.
Can you trademark a CBD or hemp brand?
Yes, for many products. Since the 2018 Farm Bill, hemp and hemp-derived products with no more than 0.3% delta-9 THC on a dry-weight basis are federally lawful and can be registered, for applications filed on or after December 20, 2018.
- Usually registrable. Hemp-derived topicals and cosmetics, hemp fiber and seed products, apparel, and retail or informational services.
- Refused. CBD in foods, drinks, dietary supplements and pet food or treats, which federal food and drug law doesn’t allow, and anything containing marijuana.
The goods description has to state that the product contains no more than 0.3% delta-9 THC on a dry-weight basis. In our experience, even the USPTO’s specialized examiners still misapply the Farm Bill, so a precise application and a prepared response matter.
Can you trademark a marijuana or THC brand?
Not for the marijuana products themselves, or for a store that sells them, because the USPTO only registers marks for lawful use and marijuana remains unlawful under federal law. Other parts of a cannabis brand can be registered, as long as those goods or services are federally lawful.
We’ve registered marks for cannabis websites, ancillary products such as rolling papers and pipes, consulting services, apparel and podcasts. For the products themselves, cannabis brands rely on state trademark registrations in the states where they operate. See federal or state registration.
In our experience, the rules keep moving. Federal legalization has been promised more than once without arriving, and some states, including Texas, have reversed course on products they once allowed. A plan that works today should be checked again before each new filing.
How often are CBD and cannabis trademarks opposed?
Less often than a few years ago. CBD and hemp oppositions fell 52% and cannabis 48% on the volume trend, but a mark that does get published is opposed at a higher rate than most consumer goods.
| Category | Oppositions 2021 through 2025 | 2025 | Volume trend | Rate per 1,000 |
|---|---|---|---|---|
| Cannabis | 188 | 24 | −48% | 49.3 |
| CBD & hemp | 297 | 30 | −52% | 41.8 |
| Vape & e-cigarettes | 567 | 114 | +28% | 63.2 |
| Tobacco | 841 | 167 | +17% | 55.1 |
The fall in oppositions likely reflects how few of these applications reach publication after examination. Opposition records can’t show refusals, so treat the trend as a signal of how contested the space is.
Which words get cannabis brands opposed?
Brands outside cannabis police words cannabis names like to use. Stone Brewing has opposed applications such as STONERFOODS and STONER MOMENT, and BBK Tobacco & Foods has opposed RAW GARDEN.
| Word | Policed by | Oppositions | Latest |
|---|---|---|---|
| Stone | Stone Brewing Co., LLC | 7 | May 2022 |
| Garden | BBK Tobacco & Foods, LLP | 5 | Nov 2022 |
Do cannabis brands hire trademark lawyers?
Almost always, once they are opposed. Only 16% of cannabis defendants appear without a lawyer, the lowest share of any category in the record.
What should I do if my CBD or cannabis trademark is opposed?
Calendar the answer deadline the Board sets, generally 60 days from the notice, and get advice before that date. Across all categories combined, 44% of opposed applicants never answer and lose by default.
Opposers in this space often hold registrations for lawful goods, so the answer should address both the overlap in names and whether your own goods can register at all. Filing an answer keeps every option open, including a negotiated, narrower registration. See how trademark oppositions work, or help if you filed the application yourself.
44% is the share of matters showing a default, from 16,106 TTAB prosecution histories parsed so far.
How we work with you.
Clear the name
A search and a straight read on risk before you invest in labels, packaging or a launch.
File it right
The right classes, a goods description that matches how you sell, and a specimen that proves use.
Defend it
Office actions, oppositions and enforcement, with a clear view of cost before each step.
More questions.
Q01Does the USPTO register CBD supplements?
No. CBD in dietary supplements, foods, drinks and pet treats is still refused under federal food and drug law, even though hemp itself is legal.
Q02Can I file now and register once marijuana is legal?
An application for goods that are unlawful when you file is refused, and a later change in the law doesn’t rescue it. The usual approach is to protect lawful goods now and file for the rest once federal law allows it.
Q03Is a state trademark worth it for a cannabis brand?
Often, yes. In states where cannabis is legal, a state registration is the main protection available for the cannabis products themselves.
Related help.
Trademark Registration
A clearance search and strategy before a USPTO filing that holds up.
Trademark Oppositions
Received a Notice of Opposition? Your answer deadline and your options for defending or settling it.
Filed It Yourself?
Attorney help when a self-filed application gets an office action, refusal, abandonment, or opposition.
Foreign Applicants
USPTO rules require trademark applicants based outside the US to be represented by a US-licensed attorney.
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