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The current disparity between state and federal law regarding businesses engaged in the cannabis-infused food and beverage industry presents a number of challenges. While the majority of U.S. states have passed some sort of legislation opening the door to medical and/or recreational cannabis food and beverage product development and sale, federal law is still engaged in the process of updating its stances on cannabis, including its position on legal trademark protection.
When establishing a legal cannabis food and beverage business, companies need to take whatever steps they can to protect their brands since the U.S. Patent and Trademark Office (USPTO) currently does not provide trademark protection for foods and beverages infused with cannabis—including products made with cannabidiol (CBD), which is no longer considered a controlled substance (the only CBD products currently eligible for federal trademark registration are topical applications or other non-ingestible products). The sticking point is that trademark law prohibits registration of products that companies cannot legally sell across state lines.