Continuing the precedent established last month by In Re JJ206, LLC dba JuJu Joints, the TTAB recently released its decision in In re Ultra Trimmer, LLC, which affirms the PTO’s increased vigilance of cannabis-related trade and service marks. Here, the applicant applied for the mark ULTRA TRIMMER for use with a “trimming machine for trimming leaves, plants, flowers and buds.” So nothing in the description of goods screamed “illegal drug use.” But then the trademark examiner got on the applicant’s website and saw this:
Game over.
While an application for t-shirts or hats advertising the applicant’s logo might have passed muster, the federal Controlled Substances Act makes “drug paraphernalia” illegal, which includes machines intended or designed for processing or preparing controlled substances.
Applicants beware that the PTO is going to look beyond your application materials to determine whether your good or service might constitute illegal use in commerce.
