In a precedential opinion, the Trademark Trial and Appeal Board (“TTAB,” an administrative arm of the U.S. Patent and Trademark Office) affirmed the trademark examiner’s refusal to register HERBAL ACCESS for retail store services featuring “herbs.” Although the application did not mention marijuana as one of the “herbs” being sold, applicant Morgan Brown’s specimen of use and web site home page contained enough evidence for the examiner to determine that he was indeed selling the federally banned substance. In re Morgan Brown, Ser. No. 86/362,968 (TTAB July 14, 2016).
Brown does business in the State of Washington, where state law permits adults to possess one ounce of usable marijuana, 16 ounces of marijuana-infused product in solid form, and 72 ounces of marijuana-infused product in liquid form. However, federal law still bans under the Controlled Substances Act (“CSA”) the sale and use of marijuana and “paraphernalia” primarily intended or designed for use in ingesting or inhaling it. Continue Reading