Last month, in this column, we ­discussed the patentability of ­marijuana. It was explained that numerous marijuana-related patents already exist and more are expected to be granted. The issues associated with trademarks and marijuana, however, are substantially different.

Earlier this month, the Trademark Trial and Appeal Board (TTAB) refused to register the trademark JUJU Joints “based upon lack of lawful use of the mark in commerce …,” In re JJ206, dba JuJu Joints, case numbers 86474701 and 86236122 (TTAB 2016). The mark is for “smokeless marijuana or cannabis vaporizer apparatus …” and “vaporizing marijuana or cannabis delivery device …” Trademark rights in the United States are granted based on use of goods and services in commerce. The trademark examining attorney in the U.S. Patent and Trademark Office (USPTO) argued that if either a trademark or the goods and services associated with the trademark are unlawful, then “actual lawful use in commerce is not possible.” Registrations was thus refused. The TTAB affirmed.