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If my trademark is dismissed due to a "Controlled Substances Act Refusal", can I do anything?

Written by Jan Buza

Co-founder of Trama

The available options depend on whether the goods can be brought into compliance with federal law.

If the goods contain a controlled substance but in amounts below the federal legal threshold (such as hemp-derived CBD with less than 0.3% THC), providing documentation of that compliance may overcome the refusal.

If the goods are not and cannot be made federally compliant, federal trademark registration is not available. State trademark registration is the alternative for businesses operating in states where the substance is legally sold. State registrations provide protection within that state and can be filed with the relevant state's IP authority.

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