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

[Owen Bates]

Is the device any form of vapping or inhaler device?  I've run into that rejection several times.
If there is any association, even if very tenuous, with marijuana, cannabis or hemp the examiners are likely
to make that rejection. It is often easier to add that language, even if it make no sense for the particular
product or service.

Owen Bates
Law Office of Owen Bates
USPTO Reg. No. 40,346
ojbates at SVPatentLaw.com
650-248-5974 iPhone
-----Original Message-----
From: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Sent: Apr 28, 2025 11:43 AM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: Montgomery, Alexander P. <amontgomery at hinckleyallen.com>
Subject: [E-trademarks] Medical Services Unlawful Under the CSA?

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 &ldquo;0.3 percent&rdquo; language to the identification of services, but that makes no sense. Services are not &ldquo;derived from hemp with a delta-9 tetrahydrocannabinol (THC) concentration of more than 0.3 percent&hellip;&rdquo; because they&rsquo;re services, not goods.
 
Anyone dealt with something similar? 

Alexander P. Montgomery  (http://www.hinckleyallen.com/people/alexander-p-montgomery)
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