What does "Controlled Substances Act Refusal" in my office action mean?

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

A Controlled Substances Act (CSA) refusal means the USPTO has determined the goods covered by your application involve federally unlawful substances. The most commonly cited substances are cannabis and many CBD products, since these remain controlled under the federal Controlled Substances Act regardless of state-level legalization.

Trademark rights require that the mark be used in lawful US commerce. A mark used in connection with goods or services that cannot be legally sold across all US commerce fails this requirement and cannot be registered federally.

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