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Patentability. The position of the United States Patent and Trademark Office (USPTO) on trademarks for cannabis-related goods and services is discussed in my colleague’s blog post, “ Trademark Registration for Cannabis Trademark Owners a Legal Haze.”. Unlike in the case of trademarks, patentability of cannabis-related products and processes is much more clear-cut.
On November 19, 2018, Mattel, Inc. filed an opposition in the United States Patent and Trademark Office against the Paris Distilling Company, LLC’s trademark application for its OLD BARBEE mark to be used in connection with alcoholic beverage products. Mattel argues that BARBIE® is a strong, distinctive and famous mark, which would be “diluted” if OLD BARBEE were granted registration.
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