[E-trademarks] Cannabis no, vaping apparatus yes?

[Pamela Chestek]

I have no opinion on it, but you can also assume that the examining 
attorney is going to look at the website and will see it anyway. So you 
may lose credibility even if it's technically not fraudulent. My theory 
is open kimono for the examining attorney so no one can later challenge 
the registration on the basis of fraud, even if untrue.

Pam

Pamela S. Chestek
Chestek Legal
PLEASE NOTE OUR NEW MAILING ADDRESS
4641 Post St.
Unit 4316
El Dorado Hills, CA 95762
+1 919-800-8033
pamela at chesteklegal.com
www.chesteklegal.com

On 1/17/2025 7:20 AM, Carl Oppedahl via E-trademarks wrote:
>
> A listserv member asks to post anonymously.
>
> Just confirming the following with your collective wisdom:
>
>  1. While we cannot successfully register a trademark for cannabis
>     products with the USPTO, we can register vaping hardware as
>     “electronic cigarettes”;
>  2. Any such vaping hardware that displays “Warning! THC!” is likely
>     to get rejected;
>  3. Deliberately covering up any such warning would be a fraudulent
>     specimen; and
>  4. Showing only one side of a product, which shows the mark but does
>     not show the warning, is sufficient and not fraudulent.
>
> Thank you!
>
>
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