The Trademark Trial and Appeal Board has upheld the Controlled Substances Act in a cannabis trademark case, despite state-level legalization.
National Concessions pursued a trademark to protect the brand name “Bakked” for selling what the firm characterizes in its application as an “essential oil dispenser, sold empty, for domestic use.” However, the TTAB unanimously agreed with the examining attorney’s contention that the product is illegal drug paraphernalia, as it is primarily intended for “dabbing” cannabis-based oils.