Federal Cannabis Trademark Trends: What to Watch in 2025

Is Legal Cannabis the Last Bipartisan Cause in the U.S.?

Earlier this month, our partner Paulina Proper spoke about cannabis trademark protection in the United States during the Association of Intellectual Property Firms (AIPF)’s international cannabis trademark webinar. The biggest takeaway? Cannabis brands still face major hurdles when it comes to securing federal trademark rights. Why Cannabis Trademarks Remain a Challenge The U.S. Patent and Trademark Office (USPTO) requires lawful use in commerce for federal trademark registration. Because cannabis remains federally illegal under the Controlled Substances Act (CSA), most cannabis companies cannot register federal trademarks for their core goods or services, even if those products are legal under state law. Instead, cannabis brands must rely on state-level trademark registration.  State-level trademark registration is available in one of the 39 U.S. states and territories that have adopted some form of cannabis legalization, whether medical, recreational, or both.  Each state's requirements for trademark registration and its trademark protection laws are unique to that state. This uneven legal patchwork, combined with the cannabis industry’s huge growth (expected to surpass $45B in sales in 2025) makes brand protection in the cannabis industry much more complex than in other sectors.

A Shift at the Federal Level?

Although the Biden administration’s cannabis rescheduling efforts stalled last year, there have been new legislative developments in 2025. A White House spokesperson recently stated that the Trump administration has "no action" planned for marijuana rescheduling or broader cannabis legalization efforts. However, bipartisan lawmakers have re-introduced two key bills: - The PREPARE Act – Establishes a federal framework for regulating legal cannabis. - The STATES 2.0 Act – Amends the CSA to allow states that have legalized cannabis to operate free of federal interference and to engage in interstate cannabis commerce. These bills were introduced shortly after a conservative polling firm reported that nearly 70% of registered voters, including 67% of Republicans, now support cannabis rescheduling—a potential signal of shifting political winds.  Here's a summary of the results. Cannabis, Hemp, and the 2025 Farm Bill Also on the horizon: the 2025 renewal of the Farm Bill, which famously legalized hemp and CBD in 2018. Some proposed changes by Congress could impact the existing hemp market.  This adds further urgency for lawmakers to take a more comprehensive approach to cannabis regulation. For cannabis brand owners, a new framework  for legal commerce across U.S. states would be welcome.  It may also may mean clearer guidance and potential new pathways for federal cannabis trademark registration, depending on how expansive the federal reforms turn out to be.

What This Means for Cannabis Brand Protection

From a trademark attorney’s perspective, one key question remains: how will the USPTO treat cannabis trademarks if cannabis is rescheduled but not fully legalized? We’ve already seen the USPTO impose stricter scrutiny in its examination of hemp and CBD trademarks, often requiring applicants to submit additional information as proof of legal compliance. The USPTO also does not provide for standardized CBD descriptions in the Trademark ID Manual. Instead, according to the new 2025 trademark fee schedule, CBD applicants are forced to use custom descriptions and pay additional fees. Even under partial reform (rescheduling), the USPTO will likely treat cannabis trademarks as it currently treats CBD marks.  Federal trademark protection will remain likely costly and unpredictable for many emerging brands under partial reform.  A full federal legalization regime could tip the scales, however. Bottom Line: We’re keeping a close watch on federal developments for our cannabis trademark clients. 2025 may shape up to be a pivotal year for cannabis and brand protection in the U.S. To learn more about protecting your cannabis brand, reach out to schedule a complimentary meeting with District Trademark.