[E-trademarks] Medical Services Unlawful Under the CSA?

[Rachael Dickson]

If there's evidence in the record or in the client's public presence that
the medical services are associated with federally illegal marijuana, yes,
it's pretty standard for the USPTO to issue this sort of CSA refusal (in my
time as a trademark examiner, I served on the controlled substance work
project which handled these sorts of applications). It sounds like the
identification they suggested for you may not actually make sense in
context though!

You can always counter with an alternative ID that achieves the same end
(namely, excluding coverage of services relating to marijuana) with more
accurate and intelligible wording; there are a number of options out there.
Feel free to reach out if you'd like to discuss further.

[image: logo] <https://www.catalyticlaw.com/>

Rachael Dickson (she/her)

Trademark Attorney | *Catalytic Law*

[image: cell]  (703) 831-7340 <7038317340>

[image: email]  Rachael at CatalyticLaw.com

[image: website]  www.catalyticlaw.com
[image: twitter] <https://twitter.com/TudorsAndTMs>  [image: linkedin]
<https://www.linkedin.com/in/rachaeldickson/>  [image: instagram]
<https://www.instagram.com/tudorsandtms/>


On Mon, Apr 28, 2025 at 1:46 PM Montgomery, Alexander P. via E-trademarks <
e-trademarks at oppedahl-lists.com> wrote:

> We got a Section 1 and 45 Refusal under the Controlled Substances Act
> based on an application covering medical services. Nothing else. No goods.
> Are medical services unlawful under the CSA?
>
>
>
> The office action is requesting that we add the standard “0.3 percent”
> language to the identification of services, but that makes no sense.
> Services are not “derived from hemp with a delta-9 tetrahydrocannabinol
> (THC) concentration of more than 0.3 percent…” because they’re services,
> not goods.
>
>
>
> Anyone dealt with something similar?
>
>
>
> *Alexander P. Montgomery*
> <http://www.hinckleyallen.com/people/alexander-p-montgomery>
> *Partner*
> ------------------------------
>
> Hinckley Allen <http://www.hinckleyallen.com/>
> 28 State Street
> Boston, MA 02109-1775
> p: 617-378-4366 |  f: 617-345-9020
> amontgomery at hinckleyallen.com
>
>
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