When the U.S. Patent Office opened the door for marijuana trademarking in April, they seemed to get in over their heads; less than three months later the ability to trademark cannabis terms was revoked.
Many dispensaries tried to trademark their business names, and one man in Colorado tried to trademark the word “ganja,” among other terms.
The application gold rush stopped short on July 19 when a patent-office spokesperson told the Journal that the new pot category was a mistake and would be removed. Now the classification has been struck from the agency’s website — but the trademark applications filed in the meantime haven’t yet been rejected.
As much as the patent office might not like it, the “pot category” will be necessary in the future. As cannabis makes gains in legality all over the country, it will have to be treated like any other business, which includes the protection of trademarks. I’d surmise that this is why the applications have not been formally rejected. The folks at the patent office know this is coming; and it wouldn’t really be fair to those who were first in with their applications if they were not first in line when the marijuana category opens back up.